Research On Legal Issues In Bankruptcy Administrator

Bankruptcy is the inevitable outcome of market competition, and is also an importantchannel to optimize the allocation of resources. Bankruptcy trustee Participate in bankruptcyproceeding, taking responsibility of estate possessing, managing and disposing, playing animportant part in the bankruptcy proceedings. Whether or not the procedure of bankruptcy canproceed fairly and efficiently has direct connection with the perfection of system bankruptcytrustee. But under the specific social backgrounds and the convergence of the old and the newbankruptcy law, there are obvious defects and limits in the system of bankruptcy trustee in ourbankruptcy law, including: on the bases of the bankruptcy administrator elective issue, theliquidation group composed by the government or relevant departments is no longer suitable asan bankruptcy administrator selection object, lacking a unified qualification system of thebankruptcy administrator; on the replacement of the bankruptcy administrator, the causes andreasons to replace the bankruptcy administrator is not detailed enough, the replaced bankruptcyadministrator does not have any channels for relief; on the supervision of the bankruptcyadministrator, lacking a specialized institutions to supervise the bankruptcy administrator,lacking industry self-regulation standards and bankruptcy administrator access qualificationsystem.The article cites Xingchangdabo Company’s case, through studying the entire phase of thecase, compared with other bankruptcy cases, compared of domestic and foreign laws andregulations, found that there are some unreasonable in the proceedings of the case, confirmingthe shortcomings in the system of our bankruptcy administrator.The article is on the bases of the elective, replacement, supervision problems that reflectedby the case, some conclusions are drawn in the legal system of the system of the bankruptcyadministrator. Including: Based on the analysis of the bankruptcy administrator elective system,it should be canceled that the liquidation group is selected as the main qualifications as thebankruptcy administrator, and it should establish the qualification system for bankruptcyadministrator; by the thinking of reasons and the way of the replacement of the bankruptcyadministrator in the bankruptcy proceedings, it is proposed that the right of reconsiderationshould be endowed to the bankruptcy administrator who are replaced, as well as to refine thereasons for the replacement; by the thinking of the main body and the mode of the supervision ofthe bankruptcy administrator, it is proposed that the specialized supervision institutions shouldbe established, and also making a code of conduct for the bankruptcy administrator.