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Insolvency Administrator Legal System

Posted on:2007-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:L J TaoFull Text:PDF
GTID:2206360185954333Subject:Economic Law
Abstract/Summary:PDF Full Text Request
After entry into the 21St century, because of the gradual maturity of market economy and the need of the state-owned-enterprises reform, more and more enterprises have been helped out through bankruptcy. Consequently, the conflict between this reality and disordered operation of bankruptcy procedures has been brought by defects of the legislative model and lag of rules of our bankruptcy law. So it is and urgent task for legislators to revise current bankruptcy law and enact a comprehensive, detailed and effective bankruptcy code, and to accomplish this task as soon as possible, it is undoubtedly a basic work to make a fully investigation and detailed discussion on the important problems related to the law of bankruptcy and raise proposition to perfect it. For the above-mentioned reasons, this paper selects the bankruptcy administrator system for study and discussion.It comprises two parts, introduction and text. The text consists of four chapters.The introduction expands the reality and deep value, the apparent angle and the central idea.The first chapter of the paper proceeds with the investigation of legal status of bankruptcy administrator. It gives a general introduction to the different theories about bankruptcy administrator in civil law system, and the legislation of bankruptcy administrator in common law system, makes some analysis on it, and points out the trustee system in bankruptcy law of common law can overcome the defects of the theories in civil law.In the second chapter, the defects of liquidating group in Chinese bankruptcy law are firstly introduced. Then on the basis of introduction, comparison, the paper comes up with the point that it is appropriate for China to establish the bankruptcy administrator system with the trustee system as its core, and gives analysis of advantages in order to provide base for the perfection of bankruptcy administrator system in China.The third chapter stands on the feasibility of establishing bankruptcy administrator system with the trustee system as its core in China. The paper gives four reasons, this mode accords with the values of bankruptcy law, the basic terms are ready, and there is sameness between the administrative function of trust and the function of bankruptcy administrator, between trust property and bankruptcy property.Finally, this paper set a framework for the perfection of bankruptcy administrator system. It puts forward some ideas and suggestions, which has practical meanings, on the establishment and improvement of the system of the election, stimulation, restriction and supervision mechanism of bankruptcy administrator.
Keywords/Search Tags:Bankruptcy administrator, Trustee, Liquidating group
PDF Full Text Request
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