Study Of Election System Of Bankruptcy Administrator

The system of bankruptcy administrator which is the internationally accepted system was introduced into our country in 2007 when our new bankruptcy law went into effect. The system of bankruptcy administrator is directly related to the interests of all creditors, as well as the realization of the ultimate goal of the bankruptcy proceedings. Its importance can not be ignored. Because the election system of bankruptcy administrator is the first part of the operation mechanism of legal system of bankruptcy administrator, so That it is reasonable is important in sharing out property fairly and balancing interests about all beneficiary subjects and running of bankruptcy proceedings well.This thesis is divided into four parts. The first part will mainly analyze the election system of bankruptcy administrator's general theories. In this part, the concept of the bankruptcy administrator, the function of bankruptcy administrator, the legal status of bankruptcy administrator and so on are researched.this part is the study on existing controversy about the system of bankruptcy administrator, which is the basis of this thesis.In the second part, the writer will evaluate and analyze the main problem in operating mechanism of the election system of bankruptcy administrator. Compared with past research, the research is more comprehensive, in-depth. The writer believe that the main problems of the election system of bankruptcy administrator are:(1) The elective subject of the election system of bankruptcy administrator is unreasonable. (2) The qualification of bankruptcy administrator is defective. (3)The set system of the election system of bankruptcy administrator is unreasonable. (4) The way by which elect bankruptcy administrator is unreasonable.In. the third part, the writer will choose some representative national legislations to compare for finding a good way to solve the problems about operation mechanism of bankruptcy administrator. In the fourth part, the writer will mainly refer to the foreign election system of bankruptcy administrator, combined with China's specific national conditions, focusing on existing problem in China's election system of bankruptcy administrator, propose directions and suggestions about reconstruction of the election system of bankruptcy administrator,this part will be most practical and innovative in this thesis.As one of the earlier articles about the research in the election system of bankruptcy administrator, the article will play a role in filling gaps in theory. At the same time, the article will be important in the improvement of the election system of bankruptcy administrator,and provide some of guidance in legal affairs of the bankruptcy.