Research Of Bankruptcy Administrator Supervision Mechanism

Since June1,2007the enterprise bankruptcy law officially implemented, afternearly six years of judicial practice the bankruptcy administrator system revealed thetrend of our country has been in line with international bankruptcy legal system, thebankruptcy legislation has made a great progress.Bankruptcy administrator system not only has an important role in the wholebankruptcy law, but also has the most critical role in bankruptcy proceedings.After totake over the bankrupt enterprise, bankruptcy administrator is responsible for thebankruptcy property custody, clean-up, valuation, processing and distribution,whether bankruptcy administrator can diligently and faithfully perform their dutiespursuant to law or not, and relates to the debtor, creditors, related the legitimate rightsand interests of a third person, and even affect the normal running of the wholenational economy.So to the supervision of the bankruptcy administrator, is the key ofthe bankruptcy procedure justice, fair, orderly.Administrators supervision form in our country at present the main is the courtcenter model that is dominated by the court, the creditors’ meeting and the creditors’committee for the wings of the supervision pattern, although this supervision patternhas great progress than the old bankruptcy law of the liquidation group,but becausethe court as the dominant power in the supervision of supervision mechanism, thisleads to the bankruptcy administrator supervision mechanism be shrouded in too bigand without any the supervision of judicial power, so the absolute corruption arisesspontaneously.This paper use writing skill of a simple, concise, easy to understand, thetechnique of theory with practice, emphatically discusses the problem and countermeasures of the insolvency administrator oversight mechanism in our countryand.At the same time this paper also combines the knowledge of economics anddraw lessons from the Chinese Confucian doctrine to analyze and explore the way outto bankruptcy administrator supervision mechanism of our country. In addition to thepreface and conclusion, this article is divided into four parts:The first part, an overview of the insolvency administrator supervision system.First expounded the connotation, characteristics and legal status of bankruptcyadministrator; Secondly introduces the concept and type of bankruptcy administratorsupervision mechanism; Finally, the paper analyzes the necessity of insolvencyadministrator oversight mechanisms.The second part, introduce the present situation of the insolvency administratoroversight system in China and the existing problems. The present situation of thesupervision system part divided into two parts, main body of supervision andsupervision contents. The other part is to introduce the problem of bankruptcyadministrator monitor system in our country. Such as the supervision is too single、the administrator access and selection system is unreasonable and so on.The third part, the comparison and reference of foreign insolvency administratorsupervision system. This part, first of all, this paper expounds the characteristic offoreign insolvency administrator oversight system, contains the bankruptcyadministrator self supervision and external supervision is introduced. Together withthe bankruptcy legislation present situation in our country, refined excellent theexperience from foreign insolvency administrator oversight system.The fourth part, the improvement of the system of bankruptcy administratorsupervision. This section aiming at the shortcomings of the insolvency administratoroversight system in China, combined with foreign advanced experience, put forwardthe construction of diversified main body, improve the external supervision mechanism, a sound system of legal liability, pushing of insolvency administrator ’sprofessional construction.