System Of China And The United States Bankruptcy Trustee Comparative Study

This thesis is a study to compare and analyze the systems betweenbankruptcy administrator in Chinese Bankruptcy Law and trustees in UnitedStates Bankruptcy Act. It mainly focuses on the development, legal status,qualification, rights and obligations, authority, functions and otherrelevant issues of the bankruptcy administrators. It also reviews theachievement after 2007 year's Chinese bankruptcy Law came into effect.Based on these comparing and analyses, together with the deficiency inthe idea of occupational liability insurance about bankruptcyadministrator, this thesis gives some advice on the improvement ofperfectly practice the system, using the reference of the United StatesBankruptcy Act.This thesis is scheduled as follows:Preface is a brief introduction on theoretical and realisticsignificance of the captioned issue, giving a specific definition on thebankruptcy administrator, pointing out the legal cause to bring thebankruptcy administrator into Chinese Bankruptcy Law.Chapter One is a general demonstration of the bankruptcyadministrator, focusing on its historical development and legal status.The bankruptcy administrator comes by the Roman law development. The mainfunction lies in strengthens to the bankruptcy property management.Besides the development of the system, this part compares the differenceof the legal status between the bankruptcy administrator and trustee,based on the deeply justification.Chapter Two is about the qualification and the appointment of thebankruptcy administrator. Through the comparison of the difference systemabout the qualification and the procedure to be a bankruptcy administrator,this part deeply analyzes the cause and review the achievement after 2007 year's Chinese bankruptcy Law came into effect.Chapter Three is about the rights and the obligations of the bankruptcyadministrator. It mainly compares and analyzes two main rights, includingthe right of getting remuneration and the right of engaging the staff,and the main obligations.Chapter Four is about the authorities of bankruptcy administrator.This is the most important content of the bankruptcy process, includingpossession, management, and distribution. For convenience, this partseparates the authorities of the trustee into five aspects to introduceand separates the authorities of the Chinese bankruptcy administratorinto four aspects to introduce. Based on those conclusion, it analyzesthe key difference.Chapter Five is about the guarantee of putting the authorities ofbankruptcy administrator into effect. It is comparatively discussed fromtwo aspects, which are the supervision of the bankruptcy administratorand the idea of the occupational liability insurance about the bankruptcyadministrator.By comparing and analyzing the system between bankruptcyadministrator in Chinese Bankruptcy Law and trustees in United StatesBankruptcy Act,this thesis concludes that bankruptcy administrator takethe most responsibility about collecting property, managing property anddistributing property, etc. So the guarantee of carrying out authoritiesof bankruptcy administrator is necessary, which is the effective way toprotect the creditors.