Studies On Legal Issues In Bankruptcy Trustee

With the establishment and continuous improvement of bankruptcy administrator system, it’s importance in China’s economy is becoming increasingly clear, and in practice, made some good system effects. However, the current bankruptcy administrator system of China still has many problems. The paper conducts a comparative analysis of the foreign bankruptcy administrator system though introducing the basic theory of bankruptcy administer system, discusses in detail the statues and issues of the bankruptcy system of China, and demonstrates the reasons causing the issues, and finally put forward specific proposals to improve China’s bankruptcy administrator system.The first part introduces the basic theories of bankruptcy administrator system. First discusses the specific functions of bankruptcy administrator system, and then analyzes the legal status of bankruptcy administrator.The second part, the writer do comparative study on foreign bankruptcy administrator system. Firstly, analyze the selection subjects of foreign bankruptcy administrator. Secondly, introduce and analyze the elective qualification of the foreign bankruptcy administrator. Thirdly, study the rights and obligations of the foreign bankruptcy administrator. At last, analyze the liabilities of foreign bankruptcy administratorThe third part researches the statues and issues of bankruptcy administrator system of China. Firstly, summarize the overall status of the bankruptcy administrator system, mainly point out the progress. Secondly, discourses the problems of domestic bankruptcy administrator system in details and has a brief discussion of the reasons causing the issues.The forth part is about the specific proposals to improve China’s bankruptcy administrator system. First, the writer discusses the domestic and international background preparing for the improvement of bankruptcy administrator system. Second, the writer suggests some basic principles to improve bankruptcy administrator system. Third, the writer put forward the specific proposals of this paper, this proposals include establish administrator system scientific, determine administrator fee reasonably, establish Detailed implementation mechanisms of managers duties, improve administrator supervision mechanism.This paper choose the specific issues arising in judicial practice as a staring point, combined with related theories, proposed a series of specific reform proposals in the real world constraints from a judge’s perspective.