Study On Bankruptcy Administrator On The View Of Trust Law

Bankruptcy administrator is an organization or a person that meets the legal conditions to take over bankrupt enterprises when the declaration of bankruptcy is given, and is responsible for the administration, disposal, liquidation, distribution of the bankrupt property. The research of bankruptcy administrator on the view of Trust Law is a new creation, whose core is to define the nature of bankruptcy administrator’s rights on Trust Law. Through introducing the definition of bankruptcy administrator and its characters in law, the paper deeply analyzes inner legal connotation and the corresponding nature of system theory of both the trustee and bankruptcy administrator, revealing the significance on theory research and realistic reference value of placing bankruptcy administrator into the status of trustee. By making a comment on the cognition about legal status of bankruptcy administrator all over the world, it is found that the theory in civil law countries and China is incompleteness, wide apart with the system of bankruptcy administrator in common law. It is the best choice to research bankruptcy administrator in the perspective of Trust Law. The legal status on Trust Law of bankruptcy administrator was put up, and it lays the foundation to formulate the legal relation of trust. Hence it cleans up what’s the subject, object, and content in the relation and stipulates that delivery benefit of trust is the vital part of bankruptcy administrator’s rights and duty. The confirmation of bankruptcy administrator’s rights and duty is prepared for determining the legal liability of bankruptcy administrator on Trust Law. The coming out of legal liability on Trust Law, the concrete way to undertake it and the standard of judging it offer the theory basis to impute bankruptcy administrator’s entrusted management behavior in practice. Any theory study is prepared for the system construction, the study on bankruptcy administrator on the view of Trust Law offers specific advice on how to select trustee and how to dismiss them, gives out the methods to guarantee and inspire them. Also, it gives some envisages on the examine system, such as constructing industry association, strengthening the supervision of the obligee, establishing the administration supervision office and importing the third party supervision.