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The Study Of Selection System Of The Bankruptcy Administrator

Posted on:2013-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:C X LiFull Text:PDF
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China’s current Enterprise Bankruptcy Law introduced the world’s bankruptcyadministrator system, which is based on the experience of developed countries. It is asignificant innovation to the bankruptcy system. The selection of bankruptcyadministrator is the primary aspect to effective operate in the system of thebankruptcy administrator. That a proper selector selects a qualified bankruptcyadministrator would be propitious to the Bankruptcy procedures. The selectionsystem of the bankruptcy administrator has just set up, and it still has some defects.Therefore the corresponding stipulations about the system need to be improved inpractice and refined further. Thus, the research of the selective system of thebankruptcy administrator is significant both in theory and practice.This article taking the selection system of the bankruptcy administrator as theobject of study. This article used comparative analysis, value analysis and so on,analysis the legislation and practice of other countries regions, conducted a deepresearch on the system of the bankruptcy administrator of china. Simultaneouslycombined with the practice of China’s current bankruptcy legal system to run fiveyears, the author put forward viewpoints and recommendations。This article described the general characteristics of the bankruptcy administratorat first, discussed the main doctrine of the two legal systems on the legal status of thebankruptcy administrator. On the basis of a detailed analysis of domestic scholars’doctrine on the legal status of the insolvency administrator, located the legal statusof China’s bankruptcy administrator, proposed special institutions is full compliancewith basic theories about the legal status of the bankruptcy administrator.Then, this article described requirements in our bankruptcy administrator aboutselected objects and their positive personality and negative eligibility, focused on theroster system of the bankruptcy administrator which has established in Provisions Onthe Trial of Enterprise Bankruptcy Cases Specified Bankruptcy Administrator promulgated by The Supreme People’s Court promulgated. Combining China’sbankruptcy practice with the world’s bankruptcy legislation, the author put forwardsuggestions on the roster system of the bankruptcy administrator and the provisionsof individuals act as bankruptcy administrator, and proposes that China shouldestablish a licensing examination of the bankruptcy administrator, establishes thebankruptcy administrator Industry Association, achieves the bankruptcy administratorprofessional.Again, the article introduced the three modes of the selected time of thebankruptcy administrator in the international pop and analyzed their advantages anddisadvantages, analyzed the problems which arising in China’s purely elective modeof Court. The author put forward that we should give the creditor more right to speakin bankruptcy administrator selecting and change to selective subject diversification.Then, the article analyzed the provisions on bankruptcy administrator selective timein countries which bankruptcy began from accepting or declaration, be comparedwith our current regulations. The author asked our country should learn from thepractice of common law to establish the administrator of provisional property system.Finally, the article introduced and analyzed selective ways of the bankruptcyadministrator in the provisions, focused on advantages and disadvantages about therandom way and the competitive way. The author proposed that our country shouldadopt the way combination "random" and "competition" in judicial practice,specifiedthe options for bankruptcy administrators in complex cases. Meanwhile, the authorsuggested that adopt the order specified elected provisional administrator of property.
Keywords/Search Tags:Bankruptcy Administrator, Selective Object, Selective Subject, Selective Time, Selective Ways
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