Research On The Bankruptcy Administrator Selection System

The bankruptcy law is the law regulating the bankruptcy proceedings, the bankruptcy proceedings of the most important issue is to strengthen the management of the debtor’s property, which gives rise to the bankruptcy administrator system. Bankruptcy system is the world bankruptcy law especially common law countries bankruptcy law attaches great importance to the system. The Bankruptcy administrator is the most important institution of insolvency proceedings, and always participate in the affairs of the whole process of the bankruptcy proceedings, it manages the affairs of bankruptcy, and plays a central role in the bankruptcy process. It as an independent professional people, on behalf of the bankrupt enterprises and creditors, the courts, and a third variety of bankruptcy legal relationship, and balance the interests of one of the parties. Establishment of a comprehensive bankruptcy administrator system is benefit for the effective implementation of the bankruptcy law and the effective operation of the bankruptcy system. It plays a decisive role to the bankruptcy stakeholders’legitimate rights and interests for a fair and effective protection.Bankruptcy affairs can proceed smoothly, depending on the set of the bankruptcy management system of scientific and rational. The establishment of a bankruptcy administrator system assists the court and efficient implementation of specific transactions, to ensure the safety of property of the debtor and maintain the value of the interests of the debtor’s assets for all creditors and debtors to exercise their rights provide services and facilities. Compared with foreign bankruptcy administrator system, China’s Enterprise Bankruptcy Law and relevant judicial explanation has made some provisions of this principle, but due to the design of the bankruptcy selection system involves a lot of interests of the association,"the Enterprise Bankruptcy law " in the bankruptcy administrator system not only in the legislation at the beginning there is a dispute, but inevitably exposed the many problems in the current judicial practice. This paper intends to analysis bankruptcy administrator selection subject, the selection method, elected time and elected to change and other legal procedures. This article is divided into four parts in addition to the introduction and conclusion.The first part is on the bankruptcy representative selection of comparative analysis of the main. Through the analysis of the relevant legal provisions countries bankruptcy law, combined with China’s national conditions and objectives, to analysis of China’s bankruptcy administrator legislative choice of the election right, and combined with the judicial practice put forward the reform proposals related to the problems.The second part from the selection principles and scope of the insolvency proceeding, comparative analysis of the legislation and judicial practice of huge differences.This established the basic standards of the elected administrator so as to maximum safeguard the interests of the bankruptcy related.In the third part of the selection of bankruptcy administrator made clear the way and time. Clear selection, selection of the provisions, can guarantee the insolvency administrator efficient and fair management activities.The fourth part discusses the bankruptcy administrator change. Analysis of the bankruptcy administrator does not apply to grid a variety of situations, put forward way to change the bankruptcy administrator, and the effectiveness after the change in different situations.