Research Managers Elective Mechanism Bankruptcy Reorganization

Bankruptcy is an inevitable product of the commodity economy society develops to a certainstage of market competition. China’s first bankruptcy law was promulgated in1988, is astate-owned enterprise bankruptcy as the main line of the legal system, reflects the features ofplanned economy. In1989the Shenyang explosion proof equipment factory bankruptcyliquidation bankruptcy this legal system has gradually come into public view. The new "enterprisebankruptcy law" in2007the implementation of the market and the court as the leading, playeddown the role of the government and the government officials in bankruptcy, creating the newmanagement system, from the overall to establish a "management center", to give the managementto take over, the core function of preservation, management and disposition of bankruptcyproperty shall be, is a historic progress in our bankruptcy legislation.At the same time,"enterprise bankruptcy law" increased the bankruptcy reorganizationsystem, provides a new opportunity to give a lot of bankrupt enterprises, solve for the enterprisesin the bankruptcy liquidation outside management and solvency problem provides a way.Bankruptcy law is no longer a market withdrawal method, death, or an enterprise law, rescuingmethod.In countries with bankruptcy legislation or commercial code, the bankruptcy administratorhas a self-contained system. But our country does not distinguish between different of trustee inbankruptcy procedure, no re selection management procedure in the legislation, many problemsarise in practice. In view of this, the author thinks that it is necessary to carry on comparativeresearch to the United States as the representative of the countries of Anglo American law system,management system and our country’s legislative practice, explore the Countermeasures of ourcountry and on the basis of.The first chapter of history, the management system of legal connotation, characteristics ofthe legal.The second chapter summarizes in the foundation of the special nature of bankruptcyreorganization procedure, on the analysis of the special emphasis on the legal status of bankruptcy,reorganization function of managers and elected.The third chapter by comparing the United States Bankruptcy Reorganization supervisorappointment system, combining legislation and empirical analysis of China’s bankruptcyreorganization selection management procedure in China, points out the existing bankruptcyadministrator system problems.The fourth chapter put forward the countermeasures aiming at existing in our country’sadministrator in question. Finally, mainly be special analysis on selection of our bankruptcyreorganization managers.