The Research On Independence Of The Bankruptcy Administrator In China

The bankruptcy administrator is used in People's Republic of China Enterprise Bankruptcy Law, The legal status of bankruptcy administrator determines its rights, duties, responsibilities and the legal effects of its action in the bankruptcy liquidation affairs as well as its relations with the Court, bankruptcy, creditors, meeting of creditors and bankruptcy-related third parties. People's Republic of China Enterprise Bankruptcy Law, particularizes the specific rights and obligations of the insolvency administrator, but the relationship between bankruptcy-related parties, somewhat stipulated, are still not clear enough, and the concept and legal status of administrator are also not clear-general. It is very important to research the independence of the bankruptcy administrator in our country. The unification of all disputes is determined by the legal status of administrator. Therefore, it is much valuable to the bankruptcy practice to research and analyse the legal status of bankruptcy administrator. Through critically studying the theory of domestic and foreign bankruptcy administrator's legal status and the administrator's duties, rights and responsibilities as well as the relationship between bankruptcy-involved parties to study the independence of bankruptcy administrator. This article discusses the legal status independence of the bankruptcy administrator in our country from the following four parts.Chapter One is a general demonstration of the bankruptcy administrator, focusing on its historical development and legal status. The bankruptcy administrator comes by the Roman law development. Besides the development of the system, this part tells us the value of the bankruptcy and the independent significance of the bankruptcy administrator.Chapter Two is the research on the independence of the bankruptcy administrator in our country. Though the anlysis of Law of the People's Republic of China on Enterprise Bankruptcy,to discuss the problems of the system.Chapter Three, the author compares the theory and law system of the legal status of the bankruptcy administrator with England, German, the United States and Taiwan.Chapter Four, provides some advises on how to over come these problems in China and perfect our legal system of the bankruptcy administrators'independence.