Study Mandate For The Liquidation Of The Administrator

China’s new Enterprise Bankruptcy Law introduces a bankruptcy administrator, which is a system in the bankruptcy law, it appears China’s market economy is a new exploration, However, the countries of the world have a bankruptcy legislation, the provisions of the insolvency administrator has the appropriate especially in Britain and other developed countries, the bankruptcy administrator of the system has been very mature,China at the same time learn from the successful experience of foreign work out the bankruptcy administrator system in line with China’s national conditions, its formulation is perfect the reasonable direct impact to the smooth running of the entire bankruptcy procedure.Bankruptcy administrator in the core of the problem is the content of its terms of reference and the running process on the terms of reference of the exercise of security, supervision and responsibility.The insolvency administrator authority issues are not well run of bankruptcy proceedings may be impeded, the bankruptcy administrator will not normally play a role.It is on these grounds, to the terms of reference of the bankruptcy liquidation proceedings for the research center, departure from the legal status of the bankruptcy administrator to define a series of questions related to the terms of reference of the bankruptcy liquidation process analysis to future bankruptcy legislation to make a reference to further improve the system of insolvency administrator.In this paper, from the four-part analysis. The first part focuses on the legal status of the bankruptcy administrator. The terms of reference of the insolvency administrator related to the interests of the creditors, the debtor and the third person,Determination on the legal position of the insolvency administrator, is directly related to the relationship between the insolvency administrator and the court,the creditors, the debtor, accurate positioning of the legal status of the bankruptcy administrator, an important prerequisite of the bankruptcy administrator,This paper analyzing and discussing the theory of the legal status of the bankruptcy administrator from the civil law and common law systems, different doctrines to determine the source of the terms of reference of the insolvency administrator,Finally, from a theoretical explanation of the legal status of our insolvency administrator, and then analyze the legal status of our current insolvency administrator is defined as "statutory body" whether reasonable.The second part of the main analysis of the the authority main content managers in China’s bankruptcy liquidation proceedings.We must first determine the terms of reference of the source of the problem in the analysis of the content of the terms of reference of the insolvency administrator brief Exploration, insolvency administrator elective problem in understanding the sources of the terms of reference of the insolvency administrator,Analysis of the main manager of the terms of reference of our bankruptcy liquidation proceedings, whether the property belonging to the bankrupt property, whether to give the administrator, the debtor does not work with the implementing handover obligations enforceable investigative powers weakening of the exemption in the right to receivership,Corporate deal with the main body of the contract and borrowing powers too large, the managers right to dispose of the problem of excessive right to revoke the objection and whether to give emergency managers disposition and other issues analysis, put forward the relevant recommendations to improve the administrator of the terms of reference.The third part of the main analysis of the protection and supervision of the insolvency administrator in the bankruptcy liquidation duties.For the security system of the insolvency administrator duties in two major areas to explore, the insolvency administrator right to receive remuneration,Another problem is the insolvency administrator Practitioners Liability Insurance, proposed that China should be forced managers to participate in practice liability insurance to protect their practicing risk dispersion given rights there should be supervision,Mainly from the insolvency administrator for our current system of supervision and analysis of Chinese scholars have proposed the establishment of a creditors’ committee and endorsed as a statutory body, to form a more effective supervision system to protect the rights and interests of the brother related interests of the people of the bankruptcy liquidation proceedings, and finally, it is recommended that our set up in line with the industry professional organization of professional managers, and the formation of an effective supervision system.The fourth part of the analysis of the issue of legal liability of the insolvency administrator.In this paper, the civil liability of the bankruptcy administrator, the main analysis insolvency administrator bear civil liability for legal obligations not specific, the principle of culpability is not clear, and bearing civil liability,Finally, a brief introduction of administrative responsibility and criminal liability of the insolvency administrator, proposed to improve our system of liability of the insolvency administrator.