On The Supervisory System Of Manager Of Bankruptcy In Our Country

The supervisory system of manager of bankruptcy is an important guarantee system that can ensure the manager of the bankruptcy to fairly, goodly, industriously and faithfully carry out his duty. Almost all of the legislation of other country regard hardly the system. The supervisory system of manager of bankruptcy in our country is not perfect yet. so it is an urgent problem for study. The research work of this article serves for three purposes:to analyse the disfigurement of the present supervisory system of manager of bankruptcy in our country from the angle of compare and demonstration; to offer some suggestions for perfecting legislation for the supervisory system of manager of bankruptcy in our country on the base of analysing the disfigurement; and to offer a doctrinal lead for the practice of supervisory system of manager of bankruptcy in our country. Likewise, the work of this article has important theoretic and realistic signification such as:it will help to develop the theory of supervisory system of manager of bankruptcy in our country and enhance the justness of the manager of bankruptcy.Except for introduction and conclusion, this article includes four parts.The first part of this article demonstrated that it has legal basis and practical significance to establish the system of manager of the bankruptcy in our country.The system can guarantee equity and justice,prevent right abuse,advance effciency in bankruptcy procedure and can urge the manager of the bankruptcy to work hardly.At the same time the system also help to safeguard the bankruptcy estate,prevent the manager of the bankruptcy from duty crime and equilibria the interest appeal of main bodys.The second part of this article reviewed the legislation and practice status of manager of the bankruptcy in our country, and pointed out that there exist many disfigurements in the legislation as following: the collocation of superintendence unbalance; the supervision of court is pale and weak; the standard of supervision is ambiguous; and the legal sequents of supervision is simple. At the same time there also exist some practice defects such as:pepole doubt the neutrality status of court; the bankruptcy procedure is always disturbed by local govenments; and the manager of bankruptcy has higher administrative level but lower professional quality. This article analysed the reasons of defects above.The third part of this article studied the supervisory system of manager of bankruptcy in civil law countries and common law countries from the angle of comparative study, and the article educed several exeriences as following:we should insist on the doctrine of court centre, stick power to responsibility, enhance the professional quality of the manager of bankruptcy, and regulate the administrative intervening measure.The fourth part of this article suggested that we should consummate the system of manager of the bankruptcy at the main body of supervise, supervise standard and supervise duty. At the same time this article allegate that we should establish some matching systems such as the trade management system of manager of the bankruptcy and the legal system of public rights in bankruptcy.The innovation of this article existed in following aspects:firstly, the article make some theoretic explains for the supervisory system of manager of bankruptcy from different angles and summed up its praxis significations. Secondly, taking the example analysis as bases this article analyzed the legislation and practice defects in the supervisory system of manager of bankruptcy in our country. Thirdly, this article educed four original ideaes which based on the supervisory system of manager of bankruptcy in Civil-Law System and Common-Law System countries. Finally, this article put forword some constructive opinions for perfecting the supervisory system of manager of bankruptcy and its supporting measures.The shortcoming of this article exist in following aspects:one of it is that the article did not provide in-depth analysis for the internal bankruptcy cases. Another of it is that owing to the limit of information source trench and the level of interpretation of foreign language this article did not obtain any firsthand information for comparing the supervisory system of manager of bankruptcy in Civil-Law System and Common-Law System countries.