Bankruptcy Trustee System

Bankruptcy administrator system is very important in foreign bankruptcy law. Enterprise bankruptcy law of the People’s Republic of China introduced the bankruptcy administrator system in2006,which specified the bankruptcy administrator’s selection, supervision and other important contents in the third chapter. Then the supreme people’s court made more details on selection and remuneration. The research of bankruptcy administrator system is not only to put forward some theoretical framework, but need to guide the judicial practice in the framework of the relevant bankruptcy administrator system. For example the supervision.The rules about bankruptcy law and relevant judicial interpretations of the supreme people’s court are too crude. It is deficient to meet the needs of the practice of bankruptcy.Based on the study of bankruptcy administrator system, the article starts from the existing institutional framework to study the unclear legal status of bankruptcy administrator, incomplete selection mechanism, the unreasonable supervision mechanism and the lack of the compensation problem. Under the goal of legislation, it is necessary to clear the legal status of independence, neutrality, professionalism; the article puts forward to improve the current selection mode in order to limit the power of the court and abandon the liquidation group as the bankruptcy administrator; the article puts forward to establish a government watchdog to the unsupervised problem; for lacking of remuneration, it advises setting up the remuneration fund.The first chapter mainly introduces the significance, literature review, research methods and research priorities of the paper. It combs the domestic and foreign research present situation and introduces the focus of this study.The second chapter puts forward the problems of the study, including the unclear legal status of bankruptcy administrator, unreasonable selection mechanism, the unperfected supervision mechanism and the lack of payment source.The third chapter is the review of the bankruptcy administrator system, involving the legal status of bankruptcy administrator in selection mode, the selected object in the selection mechanism and the way of selection, the subject and the mode of supervision and regulations on compensation.The fourth chapter first introduces the bankruptcy administrator system of our country, and then the article clears the legislation goal. It advises clearing the legal status of independence, neutrality, professionalism and abandoning the liquidation group on the selection mechanism in order to restrict the court authority; On the supervision mechanism, we should establish a government watchdog and make more details on supervision measures to increase the operation of the practice; According to remuneration problem, it proposes the establishment of bankruptcy administrator system of compensation fund.