On The Mechanism Of Supervision Of The Insolvency Administrator

At present our country has not established the system of bankruptcytrustee. Along with the development of market economy system, the requestthat found bankruptcy trustee troops is more and more high. Under thebackground, the Enterprise Bankruptcy Law has also stipulated the systemof bankruptcy trustee according to our country's actual situation. Thebankruptcy trustee has huge right to independence in the bankruptprocedure, once the bankruptcy trustee abuses the right, slacks theresponsibility of fulfilling, not only can increase the bankrupt cost, but alsopossibly gives the loss which the bankrupt procedure creates makes up withdifficulty. The system of bankruptcy trustee is founded exactly, someenterprises have started to involve this service, but generally speaking thesupervision system of bankruptcy trustee is a new thing in the theoreticalrealm and the practical realm.This article explored the supervision system of bankruptcy trustee fromeach direction. I thought bankruptcy trustee should be controlled on theomni-direction. The full text included five parts except introduction andconclusion.The first part discussed the necessity of establishment supervisionsystem. The supervision system of bankruptcy trustee was request ofbankrupt procedure and bankruptcy trustee. It effectively restrained thecrime occurrence of bankruptcy.The second part briefly introduced the existed supervision system ofbankruptcy trustee. Compare the Enterprise Bankruptcy Law with theBankruptcy Law (for trial implementation), the Enterprise Bankruptcy Lawestablished the bankruptcy trustee center principle and on this basis with aseries of supervision measures. It strengthened the role of creditors' meeting,increased the creditors' committee as a permanent monitoring body. Basedon the analysis, I thought our country has been established a dualsupervision system that a court was center, the creditors' meeting andcreditors' committee was flanks. The third part involved the supervision subject of bankruptcy trusteeand the inter-coordination relationship. The court undertook the overweightsupervision duty; the power of creditors' meeting was vague. After analysis 1think the supervision power of creditors' meeting should be strengthenedand the court has power only on the major contentious bankruptcy matter.The fourth part was constituted from four parts which was thequalification, responsibility, right and duty of bankruptcy trustee. Firstintroduced basic content of the four parts, then analyzed some importantquestions, and put some key issues analysis in the last part.Part5 suggested that we consummated our supervision system ofbankruptcy trustee from three aspects. First, we should increase a newsupervision subject to fill the empty of supervision system. Second thesupervision cannot depend upon exterior power merely, must first fromself-construction. So on the one hand I proposed constructed theprofessional bankruptcy trustee troop, the legal standard bankruptcy trusteequalifications, on the other hand I suggested establishes professionorganization. The profession autonomy and the internal supervisionincreased supervision subject and new supervising angle of view. Finallyproposes the construction perfect supervision system of civil responsibility.