| The promulgation and implement of'Law of the People's Republic of China on Enterprise Bankruptcy'is a key step within construction of our country market economy legal systems.'Law of the People's Republic of China on Enterprise Bankruptcy'is the important law system which adjusts a market economy development, at bankrupt procedure up adopted to mainly take trustee in bankruptcy as to push forward main line, therefore, the choose of trustee in bankruptcy term can get for bankrupt property of fair allotment, bankruptcy the everyone's benefits in the procedure's canning get effectively equilibrium and bankrupt procedure and can go on wheel but talk be all very decisive. The trustee in bankruptcy chooses to allow a mechanism, have a very close relation with the theories research of the midland bankrupt law, the procedure structure of the law position, bankrupt law of lawmaking principle, trustee in bankruptcy of bankrupt law etc. of the theories researches all will choose trustee in bankruptcy to allow a mechanism creation influence. Can't deny, usher in the trustee in bankruptcy system is'Law of the People's Republic of China on Enterprise Bankruptcy'of one big breakthrough, but it chooses design existence of allow the mechanism certain of shortage of place, need theories, the researcher carries on discussion research and lawmaking further of perfect. Bankrupt the system be a business enterprise in the market the competition, because various reason can't liquidate to expire obligation, pass to regroup, reach agreement or clear up accounts etc. legal procedure and solve the special system of relation of the legal right obligation. In the whole bankrupt system, the trustee in bankruptcy goes to close an important participant, bankrupt the procedure can in the candor, fair with efficiently of the foundation be last smoothly progress, bankruptcy the legal right can get fair, fair with efficiently liquidate, bankrupt creditor and bankruptcy person of the legal rights can get a fair protection and allow system with choose of trustee in bankruptcy closely related.Writer first from our country the trustee in bankruptcy choose lawmaking present condition, blemish of allow the system and become because of commence, analysis ratio more foreign bankrupt law is in the law position of trustee in bankruptcy, choose to allow a way, choose to allow qualifications and choose etc. of allow time of lawmaking and practice, and tally up with research our country'Law of the People's Republic of China on Enterprise Bankruptcy'in these aspect of lawmaking break with save at of problem, suggest to build up temporary trustee in bankruptcy system, the adoption court is appointed and creditor meeting the election combine together of the choose of trustee in bankruptcy allow a way, for the sake of exaltation work efficiency, exaltation trustee in bankruptcy of comprehensive character, the writer suggest our country the trustee in bankruptcy should walk the road that the occupation turn, and hope on hoping perfect and related law system, the cancellation signs the antinomy that the disunity bring.In addition to introduction, this text is totally divided into 3.Chapter 1 mainly discussed trustee in bankruptcy to choose to allow system. This chapter history origin and development which introduced abroad and our country trustee in bankruptcy system first, from the data quote, the writer dint diagram gets a concerning the apocalypse which chooses to allow a mechanism design from the trustee in bankruptcy choose a change of allow the system. This chapter the second part, the writer carried on to the law function of trustee in bankruptcy system analytical, from law characteristic three angles of the characteristic and administrator of bankrupt law benefits equilibrium mechanism, administrator to managed a candidate to allow a set up of mechanism to carry on analysis.Chapter 2 mainly discussed chose to allow system to carry on self-criticism to the current trustee in bankruptcy.This chapter the first part writer evaluated current trustee in bankruptcy to choose aggressive meaning of allow the system first, current take court as predominant trustee in bankruptcy to choose to allow a mechanism to have efficiently stable of advantage, for our country'Law of the People's Republic of China on Enterprise Bankruptcy'of smooth implement and expansion have aggressive meaning. The our country market predominance type bankruptcy just start, the market foundation was especially weak, applied the enlargement of corpus along with the bankrupt law, under the situation that before had no market type bankruptcy fulfillment, more strength of dependence courts to grow a trustee in bankruptcy market be necessary. So of choose and allow the system matches an our country bankruptcy the actual circumstance of the market in the present stage, also mental need according to most creditors, be easy to make a court to more and so control the progress of bankrupt procedure, exaltation bankruptcy case of processing efficiency. Secondly, the writer emphasize analytical the current trustee in bankruptcy choose blemish of allow the mechanism.'Law of the People's Republic of China on Enterprise Bankruptcy'to the law position of trustee in bankruptcy take into definitely, the law position of wrong trustee in bankruptcy takes into explicit provision and fasten a nation to seem to be at big six methods have already become a bankrupt law lawmaking tradition. The faintness of trustee in bankruptcy law position, cause of the direct result is an administrator oneself the difficulty of the fixed position, it is hard with the correlation between creditor, debtor and court to take into an accurate fixed position, may produce a series of problem in the process of judicial fulfillment. The constitution procedure of the trustee in bankruptcy not reasonable, this the problem output main reason be'Law of the People's Republic of China on Enterprise Bankruptcy'clear up accounts, reach agreement a bankruptcy and regroup the stage merger of accept of three kinds of procedures provision, the law merge the prescriptive purpose want as far as possible item number of reduce the bankrupt law, but result not only make three kinds of procedures accept the different characteristics of stage can't have already to sex ground been rule to come out, result in operation level of confusion, and also make the trustee in bankruptcy accept a stage in three kinds of different procedures, is go to job within follow-up procedure creation certain confuse of degree. In the meantime, the trustee in bankruptcy is choose by the court to allow disadvantage in prevent from judicatory corrupt. Moreover, the qualifications of trustee in bankruptcy rules existence minor faults.'Law of the People's Republic of China on Enterprise Bankruptcy'reserved to aim at the settlement set of particular case system, this qualifications of settlement set which makes to exercise same authority with trustee in bankruptcy was at stake, how promise that the settlement constitutes a member ability effectively economic processing bankruptcy the case will be a question. In this chapter the second part, the writer sets out from the angle of benefits balance, put forward trustee in bankruptcy to choose a basic principle of allow the mechanism design, in the meantime, with work of trustee in bankruptcy qualifications for example, discuss the trustee in bankruptcy chooses to allow a mechanism to the meaning which carries out benefits balance in the bankrupt procedure. The writers put forward to choose perfect trustee in bankruptcy a suggestion of allow the system in chapter 3.Pass an anterior discussion, this chapter discussed first the trustee in bankruptcy chooses to allow power corpus, the writer think, choose of trustee in bankruptcy human rights should control incumbency power hand in, there is then the function of direct in court and put forward to current manage a candidate to allow a revise of mechanism suggestion, the dint diagram re- sets up choose of trustee in bankruptcy to allow procedure. Half part after this chapter of, the writer discussed the concerning guarantee trustee in bankruptcy chooses the procedure of term problem and include to concretely choose to allow program design, perfect administrator of get around, build up temporary administrator system, administrator of fluctuation and administrator guerdon to manage the influence that the candidate allow etc.. |
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