Bankruptcy Administrator System Research

The bankruptcy administrator system is a major system in bankruptcy law. The United State of America, which country has more than two hundred years in the legislative history of bankruptcy, is very complete from forms to content. The bankruptcy administrator system has just introduced to China in the 21st century. It is necessary to let it localization though masticating, digestion and absorb. This thesis takes bankruptcy administrator system as study object, compares two countries'bankruptcy law, use the theory of law, economic and management, though the research method of comparison analysis, history analysis, standard analysis and empirical analysis, expounds the fundamental legal principle of bankruptcy administrator system, combs the derivation and development of bankruptcy administrator system and the research achievement in educational circles. This thesis centre on the election, removal, qualification, powers, duties, supervision system and liabilities of bankruptcy administrator, compares and analyzes the similarities, differences, characteristic and cause of formation between two countries bankruptcy administrator system, draw lessons from the successful legality experience of United States, put forward the suggest to prefect the bankruptcy administrator system of our country.This thesis arranges the structure according to the logic sequence from the election to the liability. The whole thesis divided into seven chapters.Chapter one, expound the fundamentals theory of bankruptcy administrator system. Bankruptcy administrator has different appellation in different countries. The "trustee" in America and "administrator" in our country have the same meaning which is the organ or person to takes over, deals with, or supervision debtor's property and other affairs related to the debtor's property-interest in liquidation, reorganization or reconciliation procedure. The bankruptcy administrator has the characters of relative independence, professionalism, temporarily and neutrality. The educational circle of civil law countries and our country have the difference opinion on the bankruptcy administrator's legal status, but they all have some faults. The theory of trustee in America has some science and representativeness, so it has the value to draw lessons from it.Chapter two, the author discusses and narrates the derivation and development of bankruptcy administrator system. The bankruptcy law system has the development of more than two hundred years'legislative history. The bankruptcy trustee system in America become very perfect form forms to content and has tremendous basis. It was not until the year of 2006 that our country introduced the bankruptcy from the outside. The formation and the development's trace of bankruptcy administrator system have some difference. Its cause of formation has the factor of the traditional legal culture, economic and political structure and social basis.Chapter three, election and removal system of bankruptcy administrator between United States and China will be compared. The author discusses and introduces the bankruptcy trustee's election and removal between two countries, compares the similarities and difference in legal system, and put forward the tentative idea of improving our country's election and removal system. The author also advises the bankruptcy administrator elected by third party-creditor mod, at the same time; it won't elect the reorganizing administrator in ordinary situation.Chapter four, two countries'qualification of being bankruptcy administrator will be compared. The author discusses and introduces the qualification of being the panel of trustees in America, while the author also discusses and introduces other qualification of being trustee as having no conflicts of interest, filing a bond and so on in America. The author introduces the active qualification and negative qualification of being bankruptcy administrator. Though the comparing and analyzing between the two country's qualification of being bankruptcy administrator, the author put forward two advices to perfect the qualification system of being bankruptcy administrator. Firstly, it must be an administrative department to review the qualification of being a bankruptcy trustee and work out the bankruptcy administrator's register. Secondly, build up the qualification enter exam system.Chapter five, this chapter compares the responsibility of bankruptcy administrator in China with those in America. The author compares the contents of bankruptcy administrator's responsibility in bankruptcy liquidation proceeding and organization proceeding in China with those in America, put forward the advice of perfecting the bankruptcy administrator's responsibility system in bankruptcy liquidation proceeding and organization proceeding in China including detailing the institution of operating the debtor's business, increasing the provide that bankruptcy administrator can sue and being sue representing of bankruptcy property not only representing the debtor, increasing the responsibility that bankruptcy administrator should abandon the bankruptcy property and furnish the bankruptcy files as well as file a disclosure statement.Chapter six, the author compares the two countries'rights and obligations of bankruptcy administrator, discusses and introduces the bankruptcy administrator's rights of obtain compensation and employee professionals, the duty of loyalty, the duty of care and the duty of report, thinking that our country should draw lessons from the legal system of America, increasing the content of bankruptcy administrator's right, clarifying the standard of compensation, application and review system, increasing the duty of diligence and the duty of report crime.Chapter seven, the author compares the supervision and liability system of bankruptcy administrator in China with those in America. The supervision mechanism and responsibility of United State Trustee will be discussed and introduced. Though that comparison, the author advises that our country should change the institution of the court-centered supervision system and set up the bankruptcy administration department, combining the judicial supervision, administrative supervision and self-monitoring. At the same time, the author advocates that it should build up the system of administrative liability institution which punishes the administrator who disobeys the administrative law by the bankruptcy administration. The author also advises expanding the forms of administrative liability, clarifying the principle of civil liability and immunity, perfecting the institution of bankruptcy liability insurance, striking the bankruptcy crime.