Administrative Receiver System Research

Administration take-over refers to the activities that the administrative organs,by the authoritative power vested by law or other regulations, completely takeover control of the administrative power and power of the management from thesupervised organs on condition that mismanagement appears or illegal acts causecrisis in administration or even on the condition that a financial crisis may behappened, so that the interests of investors, creditors as well as other people whorelated with this will be protected and the normal management capability of afinancial organ can be rehabilitated. From the perspective of legal provisions ofchina, the Chinese current regulations with respect to Administration take-overseem more principled and abstract.To be specific, the administrative power dominates in the practical operationwhich is casual and not so transparent. Moreover, there still something not soreasonable or scientific in the construction of certain administrative system. Fromthe viewpoint of jurisprudence, Administration take-over is the powerfulinterference to the problematic financial organs by the administrative power ofstate. If the power of Administration take-over for certain administrative organscannot be clarified clearly, the concern that any civil subject that involving publicinterests can be taken over control by an administrative order is not groundless.Concerning Administration take-over this powerful administrativeinterference by government into the economic world, has received more andmore alerts and suspicion from the market. Since Administration take-over is oneof the most important administrative law systems, it should be established on theunified legislation. Nowadays, the legislation concerning this field in china is notso integrated. Some administrative legal provisions prescribe Administrationtake-over, some not, and some do but not so consistent or standard. With regardto the subject, authority, procedure, as well as measures for enforcement ofAdministration take-over scatter in different acts, regulations, or even provincialrules or other regulatory documents. Due to the lack of the guidance of an unifiedtrain of thought, the provisions in so many separate laws reveals not only the factof multi-legislation in reality, but it also exposes the nature of decentralization,the nature of conflict and the confusion in its implementation. Without the unified legislation concerning Administration take-over, the standardization aswell as the regulation of it is really hard.The issues like the subject, the object as well as the remedy ofAdministration take-over become more and more clear. In addition, theadministrative model after the taking over still remains at the level that the stateprovides financial aid to the supervised financial organs, and not at the level ofimproving the management of these financial organs, and thus, the final risk stillis shouldered by the state. Consequently, the vicious circle like this inevitablyarouse huge financial crisis. Therefore, to improve the system of Administrationtake-over has become an issue which should be solved as soon as possible.Considering this, from the perspective of the administrative theories andpractices within this field, and on the basis of adopting the foreign legislativeexperiences concerning this field, the author takes the title of "the study ofAdministration take-over", hoping this dissertation can do something good to theimprovement of the system of Administration take-over..This paper was divided into four parts to study on the problems oftake-over, in addition introduction and conclusion, the whole text was about35,000 words. The introduction part began with introducing the backgroundof selecting this title, pointed out the current situation and existent problemsof our country's administrative take'over, then explained the key problemswhich would be resolved in this paper, and finally introduce the innovation,studying approaches and possible shortage existing in the paper. Part 1 wassummarization; it mainly expressed some theoretical questions of take-oversystem briefly.First, it introduced the definition, characteristic and functions of take-over; onthis basis, it clarified the relation and difference among relevant concepts oftake-over, temporary managing, reforming and trusteeship and discussed thejustifiability and value of administrative take-over by expanding on this basis.Part 2 was comparative study on take-over system of foreign countries. Inthis part, the paper classified the take-over of foreign countries. In abroad,according that the legal culture tradition and the judicial authority are equal incountry system, it divided the take-over system into judicial administrationtake-over and administrative take-over. The subject who carries on the take-over action actually was not the same of these two kinds of take-over:there were the authorities taking over under the bank's supervision; the savinginsurance organizations taking over, also there is other organizationperformance to take over. The different condition and procedure of take-overembodied the different attitudes of countries with different laws to take-over.So cause the greater differences in power of take-over organization. Finally, itwas comparative analysis of take-over power withdraws system of differentcountries. It mainly explained the two respects of reasons why powerorganization withdraw from take-over system and legal take-over period.Part 3 described the current situation of the laws and regulations relatedwith administrative take-over and lawmaking deficiency in our country. Thispart analyzed the actual operation of administrative take-over by quoting alarge number of facts and data, verified the existent necessity and legitimacyand social value of administrative take-over.Part 4 was discussion on the design and theories study of our country'sadministrative take-over. This part demonstrated that the government presidedor participated in administrative take-over in terms of administrative law, andproved that government participating in administrative take-over was not onlyessential but also feasible. Then analyzed and delimited the scope of theperson who was taken over. And then consulted the concrete take-over systemabroad, from the take-over condition to talk about, in terms of administrativetake-over person to discuss the start sponsor of take-over procedure, hoped tochange the current situation that administrative tale-over started depending onpower, and grant relative person and interest person the right to apply to starttake-over procedure. According to the current situation that our country'sadministrative take-over legislation just has general entity provision but noprocedure provision, this paper made a design of procedure after take-over,and made the concrete regulation of the power that take-over subject shouldenjoy. In the procedure of take-over, this paper mainly expressed theimportance of information disclosed system, and made the preliminary designto the application of information disclosed in administrative take-over.At the end of this part, the author also discussed the withdrawal reasons ofadministrative power and the take-over time limited. After making certain design of subject and procedure, this paper studied on the relieve system ofadministrative take-over, the article proceeded with property of administrativetake-over, made a discussion of legislative authority that obliges apply forrelief of administrative take-over, the key point of this part was making theframework of responsibility system of administrative take-over according todifferent instances.