Research On The Supervision System Of Bankruptcy Administrator

As the managers of the Bankrupt Property, bankruptcy administrator hold an irreplaceable and important position in the bankruptcy proceedings. The personal quality, the professional level, the management ability and the work attitude of bankruptcy administrator is objectively affect the bankruptcy process’s high-efficiency and the reclamation of the social wealth. In the practice of the bankruptcy, Administrators have a lot of power and in charge of a lot of complicated bankruptcy affairs。 As a manager of organization or individual have different ability and quality. In order to improve on the professional quality and the management ability of bankruptcy administrator, supervising the bankruptcy administrator reasonably will be of great importance. Aiming at the current situation and the existing problems of the bankruptcy administrator supervision, we should establish a reasonable and scientific supervision system.The new "bankruptcy law" which promulgated In 2006 introduced the bankruptcy administrator for the first time in our country. Although the new "bankruptcy law" formulated the external supervision, internal supervision and the legal supervision, the new bankruptcy law does not have very clear specification and the detailed specification for the supervision of the bankruptcy administrator. Meanwhile the supervision of administrators in China is in a primary exploration stage, the supervision of administrators need to further improve and enrich in the future.This paper which adopted the method of comparative analysis expounds the problems of bankruptcy administrator supervision which existing in the present stage in our country, and stressed the importance of bankruptcy administrator supervision which need to strengthen and perfect.In the first chapter, according to expounding the basic concepts of the bankruptcy administrator, the concept of bankruptcy administrator supervision and the importance of bankruptcy administrator supervision, we come to the conclusion that to strengthen the supervision of the bankruptcy administrator is very important.In the second chapter, starting with the overseas investigation of the bankruptcy administrator supervision, the duty of care and the duty of loyalty of bankruptcy administrator’s, the diligence of the bankruptcy administrator, I review and summarize the bankruptcy administrator supervision of different countries. Starting with the court’s supervision oversight whose belongs to the external supervision, I review and summarize the bankruptcy administrator supervision of different countries in this field.In the third chapter, according to the actual bankruptcy in our country I analysis of the existing problems deeply and detailed. At the same time, I raise the question of how to define the diligence obligation and the obligation of loyalty, and how to implement the court’s supervision, and how to implement supervision of the creditors’ meeting, and how to make the creditors’ committee on the fence.In the fourth chapter, in conclusion, I analyzing problems existing in the bankruptcy administrator system and learn from the excellent experience of the continental law system and Anglo-American law system. Given the bankruptcy administrator supervision system in our country some countermeasure and suggestion in the end.