Research On The Legal Problems Of The Bankruptcy Administrator

Along with the establishment of the market economy system and the deepening of the reform of the enterprise, the enterprise bankruptcy phenomenon is increasing. In2007, the law of the People’s Republic of China on Enterprise Bankruptcy (hereinafter referred to as the <Enterprise Bankruptcy Law>) was carried into practice. It took example by the legislative experience of developed countries and according to China’s judicial system needs to setup a bankruptcy system. This is the major breakthrough for the liquidation group system, and is a good beginning for bringing in line with international practice. In the law, the biggest a little bit bright is to be led to go into nations to go through of trustee in bankruptcy system replacing the old liquidation group system. In the process of the bankruptcy, the bankruptcy administrator is always in bankruptcy procedure. And the bankruptcy administrator was established and then it will take full control of the bankrupt enterprise organization, responsible for the bankruptcy property custody, liquidate, appraisal, dispose and distribute, and deal with many other issues.As we all know that the bankruptcy administrator has a pivotal role, but at the same time the legislation about the management system in the bankruptcy is very simple, and also the judicial practice experience is not abundant enough, just includes eight laws in the Enterprise Bankruptcy Law. And in the Designate Managers Regulations and Sure Manager Compensation Provisions are only for the bankruptcy system in certain scope and extent norms. The failure of the San Lu and East Star Airlines is more to expose many problems in the bankruptcy system. Such as the range of selection methods is narrow and rigidify and the responsibility is not clear. Reaching the legislative goals needs to be in theory and practice to further more thought.In the many problems in the bankruptcy system, the selection of bankruptcy administrator is more important than the others. We can think that the just and fair and the efficient operation about the bankruptcy procedures are closely linked with the bankruptcy administrator of practice ability and character. One the one hand, the design of the Bankruptcy administrator selection methods affects the operation of the judicial practice in the bankruptcy administrators system, which can decide the anticipation on the system; on the other hand, is also affects the relationship between the stakeholders and their legal status.Through the channel of the library, network and so on, I have collected some information. And there are lots of problems in these articles about bankruptcy administrator’s views, there is no research on bankruptcy system, it means that the research in the scholars in our country about bankruptcy system is weak.In the view of the legislative experience in the developed countries, bankruptcy administrator in the bankruptcy procedure has special status, they are relative independent and neutral, rely on their professional skills to maintain the debtor’s creditors, interest and the social public benefit. In this regard, the bankruptcy administrator has great significance for the whole society’s the stability and prosperity.