On The System Of The Insolvency Administrator

This dissertation mostly makes a series of studies and discussions of the correlative system, origin, development, the legal characteristic and legal status of the bankruptcy trustee, comparing with different legal systems, different countries and different areas of this system, combining with the present of the bankruptcy trustee (bankruptcy liquidation group) situation, analyzing its running characteristic and the existing problems, indicating that it's necessary to establish the bankruptcy system, finally, this paper comes up with some concrete contexts and framed systems for the bankruptcy trustee system in our country.Bankruptcy trustee is an institution which is set up according to law after bankruptcy proclaim, it will takeover and take care of the property after bankruptcy. After that, it will clear, estimate, deal with and distribute the property. There're three main legal characters of bankruptcy trustee. (1)It's a kind of qualification and profession. (2)It's a temporary organization, compared to the qualification of bankruptcy trustee. (3)It's neutral and independent as a subjective of a kind of legal relationship.Bankruptcy trustee, as a focus and center of bankruptcy management affairs, is an important part of the whole bankruptcy system. A rational bankruptcy trustee system can guarantee bankruptcy affairs to carry out smoothly, and can fairly defend the legal rights and benefits of the creditor, the debtor and other people who are involved. It also contributes to establish the order of society trust.Bankruptcy trustee originated from Rome. Two different systems, the continental legal system and the common legal system formed gradually during its development, so there're different opinions of the legal status of bankruptcy trustee. In the continental legal system, there're three main theories: the theory of agency, the theory of duty and the theory of bankrupt's estate representation while in the common legal system,, the trust system was led into bankruptcy procedure. In this case ,the bankruptcy, as a trustee, transfers the property of bankruptcy as the property of trust to the bankruptcy trustee( the entrusted), and make him manage the bankruptcy property, for the common benefits of all creditors'( the persons who...