In English Insolvency Administrator Legal System, A Comparative Analysis

This thesis is a study on the rights and obligations, authority, status, function and other relevant problems of the England bankruptcy administrator and the Chinese liquidating group. Its main focuses are to compare and analyze the legislation and practice of the bankruptcy administrator and liquidating group in the Bankruptcy Act of the two countries. And to emphasize some theoretical emphases, ideas which are long debated among scholars and theories that are rarely talked under the system. Based on these analyses and comparing, together with the deficiency in the system of China's bankruptcy administrator, this thesis gives some legislative advice on perfecting the system, using the reference of the England Bankruptcy Act.It is also realistic with the foreign preference in the matter of legislation under its system and values. Neither blindly coping nor entirely denying, this thesis has its own words combining with the objective needs of building the socialistic market economy.This thesis is scheduled as follows:Preface—brief introduction on theoretical and realistic significance of the thesis, giving a specific definition on the Bankruptcy administrator. Then raises the malpractice of the current Chinese bankruptcy system, and gives a brief introduction to the England bankruptcy act.Part one—The general demonstration of the System. First, finding the origin of the system in the capacious laws of ancient Rome. Then making an introduction to the Chinese bankruptcy system, questioning its lacunas. Lastly emphasizing on the introduction of the England system, making description on each kind of administrators, and brief summary of its origin and development, its empanelling modes and time, its competence and its supervision.Part two—The legal status of the bankruptcy administrator. This part is correspondingly important in this thesis. Mainly is the procedural and substantive legal status of the bankruptcy administrator. In the first half, the author compares the theory of the continental law system with the Englandtheory of entrustment, and finds out that the later one is easier to be accepted in our country. Tlie second half is about the entitative status of the bankruptcy administrator, which is a question that is rarely discussed by the scholars.Part three—The authorities of the bankruptcy administrator. The bankruptcy administrator's authorities from three big aspects: possession, management and distribution. Then the author gives some legislative advices.Part four—the rights and obligations of the bankruptcy administrator. As for its right and obligation, recompense and the duty of care are placed great emphasis. Besides, the right to claim damages, the obligation of accepting supervision and providing security are also discussed.Part five—the significance of the England bankruptcy administrator system on the legislation and perfection of Chinese bankruptcy law. First stating the misplays on the legislation of the Chinese liquidating group. Then the author brings forward the idea of using the reference of the British bankruptcy act from these aspects: its competence, empanelling modes, rewards and obligations, obligation security, temporary administrator. Hope to perfect our bankruptcy administrator system.