Insolvency Administrator Of The Selection And Supervision System Of Legal Analysis

Bankruptcy, as an economic phenomenon, is the inevitable competition products in the condition of modern commodity economy. And bankruptcy system, is the special method to adjust the social phenomenon—bankruptcy. Bankruptcy system is the special system that companies settle the creditor's rights and the liabilities through renovation, reconciled and clearance system, for they cannot clear off the deadline liabilities in the market competition. In this whole system, the bankrupt caretaker is the important participator and caretaker from beginning to end. Its selection and supervision mechanism will result in the just and efficient bankrupt progress, fair and liabilities clearing, just and effective protection of the bankrupt creditor's rights.Firstly, this article study the meaning of selection and supervision, characteristics and legal situation of the bankrupt caretaker selection and supervision mechanism of our country, compare and analyze the legislation and practice of the selection and supervision mechanism of other countries bankrupt laws, also this article do some research about our country's new"Enterprise Bankruptcy law"in above areas and give a conclusion of legislation's breakthrough and problem. With combining with Chinese national condition, this article gives corresponding suggestions to constructing the selection and supervision of the bankrupt caretaker.There are four part altogether.The first part is the summarized comprehensively for bankrupt caretaker system. Beginning with the textually researched through the origin of bankrupt caretaker system, this part introduces the origin and the legislation of our country, and deeply understands the meaning and the characteristics of bankrupt caretaker.The second part studies the selection system of bankrupt caretaker. Firstly, this part introduces the content and the legal situation of the selection system of bankrupt caretaker in our country. In the same time, compares with the legislation and the theory on selection of bankrupt caretaker. And then studies the legislation's breakthrough and problems of new"Enterprise Bankruptcy law"in caretaker selection. At last, the legislation advice will be proposed on perfecting the selection system of bankrupt caretaker.The third part studies the supervision mechanism of bankrupt caretaker. At first, this part studies the regulations of foreign legislation on the supervision mechanism of bankrupt caretaker. Then, it introduces the regulations and the flaws of our country's legislation about the supervision mechanism of bankrupt caretaker. Finally, it gives some legal suggestion on further perfecting the system construction and strengthening the supervision on the bankrupt caretaker.The fourth part is the concluding remarks. This part puts forward again the important meaning of bankrupt caretaker system in our country's economic construction. Hope draws the law builders'great attention and further study on the selection and the supervision system of bankrupt caretaker.This paper tries hard to study how to perfecting the selection and supervision system of bankrupt caretaker after the implementation of new"Enterprise Bankruptcy law"from the bankrupt caretaker's characteristics of independence, neutrality and specialty, and how to make bankrupt caretaker play an important role as the key link in bankruptcy procedure. Hope the legislative suggestion may perfect the legislation and practice of future bankrupt system in our country.