The Investigation For Several Issues Of Bankruptcy Trustee

Bankruptcy trustee system is one of the most important content in all countries`bankruptcy law. Establish such a system is for handling the bankruptcy proceduresinvolved in the transaction by the most professional personnel. There is not such asystem in our country. The liquidation group used to instead of the bankruptcy trusteein the old bankruptcy law. As the liquidation group itself has serious drawbacks, theenterprise bankruptcy law of bankruptcy trustee system is introduced. Due to thebankruptcy trustee system started late in our country, the introduced system alsoneeds time to adapt to the practice slowly. So at present, the system is not very perfectin our country. Facing the shortcomings of this new system, it is very necessary tomake an adjustment for the concrete national condition.The selection of bankruptcy trustee is an important content of bankruptcyprocedure at the beginning. The author based on the research of the selection of fiveaspects; try to give advice on the shortage of the current legislation in our country,and to establish a fairer, more efficient selection system that can balance the interests of all parties. About the subject of selection, the one who shall select bankruptcytrustee has become the first question. The subject with right of arbitrary choice has nodoubt more important status in the whole bankruptcy procedure. In our countrybankruptcy trustee is selected by the court, and the voice of creditor meeting isignored. This kind of rule is not conducive to maintaining the creditors`own interests,at the same time does not accord with the court’s duty, either. This article suggestsgiving the subject status of the bankruptcy trustee to the creditor meeting. Throughthe division of labor and exercise the right of selection together with the court andcooperate with each other, to achieve the goal that reflect the will of creditors andmaintain the interests and safeguard fair and just. At the part of qualification of select,the author summarized the positive and negative qualifications as bankruptcy trusteefirst. The author also suggested canceling the qualification of the liquidation groupand the limitation on the individual person as a trustee in bankruptcy at the right time.Make the bankruptcy trustee team develops to a team that more professional. In orderto ensure the selected trustee with sufficient strength and efficient completeresponsibility for all activities and accord with the requirement of bankruptcy case better, this article suggest expanding the applicable scope of the competitionmechanism and analysis the advantage of competition and the lack of original mode.In terms of change in the bankruptcy trustee, the author analyzed the dismissal andresigned of bankruptcy trustee. At last, the author put forward that consistent theappointment and removal of the bankruptcy trustee. And suggested the creditormeeting shall exercise the power with the court.The second part discusses the basic rights and obligations of trustee inbankruptcy. Although our bankruptcy law has set the range of the compensation, howto determine the specific amount within the range will need to consider some otherfactors. The subject whom determines the compensation in our country is the court.However, it does not accord with the court’s judicial status. In relative terms, it ismore practical by the creditor meeting to determine the amount. Just giving the courtthe supervision or power will help to avoid the disadvantages. Our bankruptcy lawdoes not have the rules that concern about the damage compensation claims oftrustees. When the trustees perform their duties that are no-fault and fulfill theobligations should get the reasonable compensation. But need to make restrictions on the scope of compensation. In the author’s opinion, the entire request for trustees inbankruptcy law could turn into obligations, which constitute a complete system ofobligation to govern the behavior of the bankruptcy trustee.The third part discusses the supervision system of the bankruptcy trustee. Bycomparing the difference between national legislation and the of bankruptcy law inour country, try to find the deficiency of the supervision system and to improve it.This article suggests building a system of bankruptcy trustee’s guild to strengthen thesupervision of the creditor meeting and the creditor committee. Building theprofessional margin system and improving the insurance of practice with a system ofresponsibility of bankruptcy trustee. The author suggests building a supervisionsystem that all kinds of supervision mechanism could cooperate with each other.At last, the article discusses and comprehensive analysis of the civil liabilitysystem of bankruptcy trustee. Also discusses the composition and responsibility takenbasing confirm of the tort liability’s nature.