Of The Insolvency Oversight Mechanisms

China's "Bankruptcy Law" on August 27, 2006 formally adopted on June 1, 2007 into effect. This is the first market economy, bankruptcy law is a distinctive characteristic of the times and far-reaching significance of the bankruptcy law. This insolvency law, whether in judicial philosophy or in the system have a lot of innovative design, which is one of the biggest highlights of the introduction of a common international insolvency administrator system to further enhance the "Bankruptcy Law" scientific and practicality. Insolvency administrator run through bankruptcy liquidation, composition, reorganization among the various procedures, is responsible for administration of the estate, actions, business and program development and implementation of bankruptcy, insolvency proceedings in the status of living is very important. In order to standardize the behavior of the insolvency administrator, to prevent the abuse of power, to ensure the fairness and efficiency of the insolvency proceedings, the insolvency administrator must establish and improve the supervision mechanism.Firstly, monitoring mechanisms from the insolvency administrator of basic problems, bankruptcy management system on a general exposition of the insolvency administrator from the theoretical analysis of the concept of oversight mechanisms, composition and the need to build. In the study of foreign-related legislation, while the domestic liquidation group system were reviewed, compared and review of the bankruptcy administrator to find out the problems in oversight mechanisms. Finally, the judicial practice of China's national conditions and improving the Bankruptcy Trustee made a number of proposed monitoring mechanism.In this article, introduction and conclusions, is divided into four chapters. The first chapter of the bankruptcy administrator oversight mechanisms basic issues and arguments as the basis for drafting. First, the insolvency administrator of the system were introduced, the concept of the insolvency administrator, origin and legal status, then the insolvency administrator of the oversight mechanisms in theoretical thinking, have revealed their concept, composition and the need to build. The second chapter of the foreign-related legislation from the internal supervision and external supervision, legal Zeren were studied in three aspects, for the discovery of the bankruptcy administrator and conduct oversight mechanisms are inadequate to provide a useful reference sound. The third chapter of the Bankruptcy Trustee's oversight mechanisms analyzes the current situation. First, the insolvency administrator of the current legislative oversight mechanisms were reviewed, and then on the liquidation group and the insolvency administrator in monitoring mechanisms were compared, and finally reveals the bankruptcy administrator oversight mechanisms shortcomings. Chapter IV of the bankruptcy administrator Supervision Mechanism a number of recommendations. Duty of care by refining the provisions of the insolvency administrator to improve internal oversight. Through the courts, individual creditors, creditors committees and specialized administrative agencies, the insolvency trade association oversight measures to improve external oversight clear. Through the establishment of market access system, improve supervision qualification. Through the improvement of the legal responsibilities and strengthen supervision and responsibility. So as to establish a diversified, multi-angle of the insolvency administrator supervision.