A Study On The Selection System Of Bankruptcy Administrator

The bankruptcy administrator system is an important system in the bankruptcylaw. Setting the bankruptcy administrator system aimed at the reasonable balance ofcreditors, debtors and social’s interests, ensuring the efficient and fair finishing ofbankruptcy proceedings. The selection system of the bankruptcy administrator is thethe primary system of bankruptcy administrator.The balance of creditors, debtors andsocial’s interests, the fair distribution of insolvency estate and the finishing ofbankruptcy proceedings all depend on the rationality of the selection system of thebankruptcy administrator.There are five chapters in all such as introduction of legal status of thebankruptcy administrator,elective subject,range of bankruptcy administrator,qualification of bankruptcy administrator and selection mode. And there are someproblems in it, By analyzing the problems,I make some suggustions try to make thebankruptcy administrator system better.Elementary knowledge about legal status of the bankruptcy administrator isintroduced in the chapter I.The concept of bankruptcy administrator,and severaltheories about the legal status of the bankruptcy administrator are alsointroduced.By analyzing the laws and regulations about the bankruptcyadministrator,we can conclude the definiton of the legal status of the bankruptcyadministrator.Elementary knowledge about elective subject is introduced in the chapter II.Bycomparing several different elective subjects of other countries, and by analyzing theelective subject of our country,it can be concluded that there are some problems on the elective subject in our country.Chapter III is mainly about the range of the bankruptcy administrator andthe qualification of bankruptcy administrator. In this chaprter,on the one hand, theinternational positive conditions and negative conditions about the the qualificationof bankruptcy administrator is introduced,some problems on the range ofbankruptcy administrator are analyzed.On the other hand, receivership of bankruptcyprocedure and the syetem of temporary bankruptcy adminstrator are closely linked toeach other.So we can get a conclusion that the syetem of temporary bankruptcyadminstrator is vacant in our country.Elementary knowledge about selection mode is introduced in the chapterIV.Thischapter eleborates on the selection mode about the bankruptcy adminstrator in anarrow sense.Registration system and several specific methods of selection onadminstrator have been discussed,some disadvantages about the registration systemare analysed in the end.Some suggestions on the election system of bankruptcy administrator are givenin chaper V,they include setting up administration institution in place of theregistration system,adding the creditors’ meeting as the elective subject of thebankruptcy adminstrator, discussing the significance and the measures on thefoundation of license to practice on the bankruptcy administrator, improving theselection mode of the bankruptcy adminstrator,establishing the syetem of temporarybankruptcy adminstrator.This essay systemically analyzes the election system of bankruptcyadministrator.By comparing other countries’ system of bankruptcyadministrator,by analyzing the regulations and the judicial interpretations,it can beconcluded that there some problems exist in our country.Finally,the author givessome suggestions to improve the election system of bankruptcy administrator.