Bankruptcy Administrator System Research

With the further reform of China's market economy gradually mature, and the survival of the fittest is the inevitable result of market competition, combined with the advancing process of the socialist legal system, to seek relief through the bankruptcy of the plight of an increasing number of enterprises. "People's Republic of China Enterprise Bankruptcy Law," as long as more than a decade after repeated deliberations by the People's Republic of the Tenth National People's Congress Standing Committee of the twenty-third meeting in August 27, 2006 is passed, 2007 June 1 Effective upon promulgation. China's new insolvency law introduced in international insolvency administrator of the system and set up a special chapter in the provision of the bankruptcy administrator of the qualifications, status, functions, remuneration, supervision and punishment, and other content. There is no doubt that the insolvency administrator is the focus of the law. First of all, this article from the insolvency administrator Zhaobi theoretical basis, to explore the insolvency administrator of the system and the origin of the concept, and the nature of the law and its practical significance for a detailed discussion; then article from the insolvency administrator of the selection and dismissal duties , The right to study in areas such as bankruptcy administrator to run. Insolvency administrator with the dismissal of the elected as the insolvency administrator to run an important part of their duties, rights or not have a direct bearing on improving the insolvency administrator to play a role in the bankruptcy proceedings and the realization of the insolvency administrator is the core of the system and important group As part of; article of the new bankruptcy law and related laws and regulations, pointing out that China's insolvency administrator of the system, inadequate bankruptcy legislation of our country there are still many areas for improvement, especially managers of the system, many provisions in principle, very rough, not Fully meet the needs of a modern market economy, specific performance is as follows: If the bankruptcy administrator of the selection system is unreasonable, insolvency administrator of the functions of the imperfect system, there is no difference between the Provisional strict insolvency and bankruptcy system, a system administrator, the lack of insolvency administrator The responsibility system for supervision and so on. It is true that the introduction of the new bankruptcy law insolvency system, making China's legal system of bankruptcy a big step forward, but the laws only apply to limited liability companies, partnerships do not apply, the individual-owned enterprises and natural persons of bankruptcy in China In the near future to be sure that these groups related to the legal system of bankruptcy, insolvency administrator of the system and improve the development of a long way to go. I learn from foreign countries in the relevant provisions of China's specific situation, talk about improving the system's insolvency administrator of China's views. Should be made great efforts to promote the insolvency administrator of the professional building and refining the functions of the insolvency administrator requirements, the establishment of the interim insolvency administrator of the system, improve our supervisory mechanism, such as bankruptcy administrator of the recommendations, which initially established a complete, suitable for national conditions of China's Bankruptcy System administrator. This is also the focus of the article.