Research On How To Regulate The Insolvency Administrator Market Of China

On June 1,2007,the "Enterprise Bankruptcy Law of China" came into effect eventually,it's the important step in the perfection of our socialist market economy legal system.In this new bankruptcy law,one highlight is the insolvency administrator system.In the process of bankruptcy,the insolvency administrator is a specialist agency,responsible for regulating,disposing bankruptcy estate,business operating and implementing bankruptcy plan.It exerts great influence on whether the bankruptcy proceedings can finished fluently.In the New bankruptcy law,the original liquidation was replaced by the insolvency administrator,which indicates that our legation is inclined to match the international practice.Although the insolvency administrator market has established insolvency in China,in practice, in the system,there still exposed many unreasonable deficiencies which must be resolved immediately.This paper seeks to begin the elaboration from the formation of the insolvency administrator market,combining with the market's evolution and current development, selection of managers to analyze how to regulate the market of the insolvency administrator effectively,and on this basis, the writer tries to propose three elements which are essencial in the regulation of insolvency administrator market.This article is divided into four parts,with a total of 22,000 characters.Part one is "the basic theoretical problems of insolvency administrator and Insolvency administrator centrism."In this section,the writer is intended to explain that the formation of the insolvency administrator market is on the basis of Insolvency administrator centrism,which is the main line in modern bankruptcy law.And then,the writer summarizes the important role Insolvency administrator centrism playes in the development of insolvency administrator market.The legal status of insolvency administrator is that it exercises the rights and obligations in accordance with the provisions of bankruptcy law independently,neither represents the creditor nor the debter.Part two is "the evolution and development of the insolvency administrator market."This section focuses on the insolvency administrator's historical inevitability of the replacement of liquidation group and the current constraints of the insolvency administrator market's development,that is,the court have great discretion to decide who will be the insolvency administrator;there is no strict market access to be a qualified insolvency administrator and a sound business practices as well as vocational specifications is lacking.Part three is"some rules relate to the insolvency administrator."This section reviews the rules of the insolvency administrator's election and the rules of temporary bankruptcy receiver,these two rules are closely related to the regulation of insolvency administrator market.In this part,the writer suggest that the insolvency administrator should be proposed by the creditors'meeting and report to court for examination and record,so that the process can be transparent and under supervision.As to the candidates for the interim receiver,the author suggests colleges and universities, research institutes,experts,scholars,teachers can be the temporary insolvency administrator.Part four is"three elements to regulate insolvency administrator market",in this part,the writer analyzes how to regulate the insolvency administrator's market effectively,and three practical measures are proposed,that is:strictly control the market access to insolvency administrator;establish insolvency administrator associations and specialized administrative authority-bankruptcy administrator offices.This paper begins with the regulation of the insolvency administrator market,it employs comparative analysis, value analysis and other methods. The conclusion we arrived is that,the first task is to select and train such people with professional conduct and competence.Meanwhile,a unified self-regulatory organizations-the insolvency administrator Industry Association should be formed, and the national insolvency administration office is the leader. These three elements are essencial to regulate the insolvency administrator market. The author hopes that it can contribute to the amendment of the bankruptcy law in the future.