Perfect The Supervision System Of Bankruptcy Administrator In Our Country

Since June1,2007the enterprise bankruptcy law officially implemented, after nearly sixyears of judicial practice the bankruptcy administrator system revealed the trend of ourcountry has been in line with international bankruptcy legal system, the bankruptcy legislationhas made a great progress. The bankruptcy administrator is the most crucial role in thebankruptcy proceedings. After taking over the bankrupt enterprise, the administrator isresponsible for the bankruptcy property custody, cleaning, valuation, processing anddistribution. Whether the bankruptcy administrator can diligently implement his duties inaccordance with the faithful performance, influences the lawful rights of the debtor, creditorand related third person, and affects the national economic operation of the order. So it is thekey to effective bankruptcy proceedings that to the supervise the bankruptcy administrator.Our country bankruptcy supervision has formed the binary supervision mode that the people’scourt acts the leading factor, and the creditors’ meeting and creditors’ committee acts as thewings, set the rules of supervise subject, supervision system and supervision content. Butthroughout ancient and modern countries bankruptcy legal system, the bankruptcy law of ourcountry about bankruptcy administrator system design is not reasonable, legislationoperability is not strong, the current supervision system still exists the problems of thepeople’s court power alone, supervise subject simplification, legal liability system imperfect,and the absence of the bankruptcy administrator’s market access mechanism. How to perfectbankruptcy administrator supervision system from the aspects of supervise subject,supervision mechanism, supervision content, it is the problem this article focuses on.The full text includes five parts apart from introduction and conclusion:The first part, the basic problem of the bankruptcy administrator supervision system.First elaborating the bankruptcy administrator’s meaning and origin, and comparing thebankruptcy administrator with liquidation group; Secondly introducing the bankruptcyadministrator’s legal status, including some theory about the legal status of the bankruptcy administrator of the continental law system, common law system and our country. Finally,analyzing the basic principles about implementing supervision the bankruptcy administrator.The second part, the present bankruptcy administrator supervision system of our country.This part is divided into two part of supervise subject and supervision content. This partintroducing the binary supervision mode that the people’s court acts the leading factor, and thecreditors’ meeting and creditors’ committee acts as the wings, and elaborating on the selection,duties, rights and responsibility systems of the bankruptcy administrator.The third part, our country bankruptcy administrator supervision system defects. Thispart elaborating supervision mechanism, selection system, access system, responsibilitysystem, temporary bankruptcy administrator vacancies and market vacancy,and analysing thelegislative defects and deficiencies of current bankruptcy administrator supervision system.The fourth part, the investigation of the foreign bankruptcy administrator supervisionsystem. This part elaborating the foreign bankruptcy administrator supervision systemcharacteristics analysis, including the bankruptcy administrator internal supervision andexternal supervision. Secondly according to our country’s bankruptcy legislation presentsituation, refining out the experience of the foreign bankruptcy administrator supervisionsystem in use for China.The fifth part, suggestions for perfecting the bankruptcy administrator supervisionsystem of China. This part aiming at the deficiency of the bankruptcy administratorsupervision system, combined with the advanced experience of foreign countries, and puttingforward some suggestions of building of diversified supervise subject, perfecting the externalsupervision mechanism and improving the responsibility system, promoting the constructionof professional bankruptcy administrator.