Research On The System Of Bankruptcy Administrator’s Liability Insurance Of China

Bankruptcy administrator is in the center position and is the management agenciesthroughout the bankrupt proceedings, playing a decisive role. Every country graduallystrengthens the administrator’s obligations and responsibilities. However, with theresponsibility and practicing risk of the administrator increasing, there is a lack for theadministrator to relive their rights, leading to imbalance between rights and obligations.Therefore, when our country revised the law of "Enterprise Bankruptcy Law of People’sRepublic of China "(the following called "Enterprise Bankruptcy Law ") in2006, BankruptcyAdministrator’s Liability Insurance was established for the first time. BankruptcyAdministrator’s Liability Insurance as an important relief and protection system for thebankruptcy administrator should have played a very important role in judicial practice. But,our theory and practice lack in-depth discussion and improvement both in it’s basic theory andconcrete norms. Since the implementation of "bankruptcy law", few insurance companies sellthe insurance products, this paper attempts to apply specific and practical measures toimprove the system.In this paper, I analyze it’s connotation, nature by inductive analysis and conceptualanalysis; it’s constitute through semantic analysis and empirical analysis; it’s problems bycomparative and logical reasoning analysis; it’s specific and practical measures by semanticanalysis and the empirical analysis. Specifically, this paper includes four parts:The first part, a brief introduction of Bankruptcy Administrator’s Liability Insurancesystem. This part mainly introduces three aspects of content: On the one hand, I analyze themeaning of the Bankruptcy Administrator’s Liability Insurance, including the connotation,nature, characteristics and some other basic problems; On the other hand, I discuss therelationship and difference between the Bankruptcy Administrator’s Liability Insurance andthe relevant insurance, for example the Lawyer’s Liability Insurance, the Accountant’sLiability Insurance; Then, I elaborate the meaning of Bankruptcy Administrator’s LiabilityInsurance system. I think the system can strengthen the bankruptcy administrator’s ability toresist the risk, improve bankruptcy administrator system, ensure the bankruptcy creditor’sinterests and public interests. Through the analysis of these basic issues, I want to lay thefoundation for the discussion below.The second part, the basic structure of the insurance system analysis. Combining with the concrete practice of at home and abroad, this part analyze its basic structure from thesystem. I mainly analyze the body, the subject, the coverage, the pattern, the exclusion,liability limit and deductible of the Bankruptcy Administrator’s Liability InsurancePart three, the initial practice of the insurance system. Through I analyze presentsituation of system deeply and find out its problems. I think the main problems existing in thesystem in our country is: unsound in related legal system; lacking of specific insurance termsand the terms of the theory is controversial; existing premium pricing and operating risk andlikely having the overlap of insurance liability.The fourth part, specific and practical measures to improve the insurance system. Thepart is based on the third part to apply specific and practical measures, mainly includingimproving the related legal system, determining the content of the liability insurance contract,improving the pricing mechanism and reducing operating risk, resolving the conflict betweenthe Bankruptcy Administrator’s Liability Insurance and the relevant insurance, expecting toimprove the insurance system and play its role.I simply put forward some preliminary proposal to build and perfect ours BankruptcyAdministrator’s Liability Insurance System, and specific operation is not easy. It need us tocombine with the actual situation of domestic to demonstrate in theory and to explore inpractice constantly.