The Construction Of Practicing Risk Prevention System In Process Of Reorganization For Insolvency Administrator

This paper is based on Enterprise Bankruptcy Law,beginning with therights which bankruptcy administrtor in reprganization proceedings has,makingthe advance of the reorganization plan be the timeline,dividing the insolvencyadministrator’s rights into four parts:the rights of developing restructuringplan,the rights of electing auxiliary oficers,the right of management and the rightof supervision.After analysising the four parts of the rights theoretically andpractically,the author analysises the practicing risk which the bankruptcyadministrator facing with under the Enterprise Bankruptcy Law,and puts forwardthe idea of building a practical risk prevention system in the insolvencyadministrator.The introduction of each part of the article are as follows:The first part:overviewing of the Bankruptcy Reorganization.This part isbeginning with the history of the restructuring system,demonstrating thetransformation process which the Reorganization System experingcing from the centrism of creditors to taking into account of the interests of the debtor to theinterests of the community.Then proved the necessity of introducingadministrator system in currency that making great importance of the interests ofthe community value orientation,which leads to the importance ofadministrator’s legal status in the reorganization proceedings and lay thefoundation for the administrator rights mentioned in the later reorganizationproceedings.The second part:the “Enterprise Bankruptcy Law”given to the rights of theinsolvency administrator in the reorganization proceddings and the practicalrisks the administrator have.This part is based on the legal provisions of theEnterprise Bankruptcy Law,teasing out the rights enjoyed by the insolvencyadministrator in chronological order,exploring risks the administrator facingwith during enjoying the rights practically.The autor considers that the lack ofprotection mechanisms in the right of restructuring plan,the lack of executivingthe restructuring plan for the manager,the lack of electing standards of thesupport staff and the lack of specific standards of implementing the supervisory authority are all the main reasons why so large occupational risks theadministrator facing with.The third part:the investigation of practical risk prevention system whichneeded by insolvency administrator in the reorganization proceedings.This partis based on the second part,making useful discussion on how to solve thedifficulties the administrator faceing with under the current EnterpriseBankruptcy Law and making solutions of occupational risks mentioned in thesecond part,putting forward the idea of establishing a restrictring plan changingprocess to resist the risk of situation changing creativly.