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Bankruptcy Administrator Elective System

Posted on:2016-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiuFull Text:PDF
GTID:2296330470452619Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Insolvency administrator is the professional organizations which refers to operation,management and liquidation of the debtor’s property and handle other matters related inaccording to the provisions of relevant laws and regulations in reconciliation,reorganization and bankruptcy proceedings. Whether bankruptcy proceedings can befair and efficient depends largely on the professionalism of the insolvency administrator.The insolvency administrator whether has a higher degree of professionalism in turndepends on degree of perfection bankruptcy administrator election System. Thus, thebankruptcy administrator elective system occupys a very important position in thebankruptcy process, we must be aware of its importance.In China, the theoretical study of the system is not deep enough and more floatingon the surface of the system design, the judicial practice of the existing system alsoexposed many problems. Specific performance: the scope of the insolvencyadministrator elected to agency-based is not conducive to the growth of naturalinsolvency administrator team; the court for bankruptcy administrator elected bodyburdens the court and it is difficult to achieve autonomy creditors; combination ofbankruptcy began accepting doctrine and Court elected led to a series of questions.Given the many problems of bankruptcy administrator selection system exist, theauthor based on the existing system and use literature analysis and comparative studymethods to analyze various countries and regions on Content of the system that theinsolvency administrator elective subject, entry qualifications and relevant provisions toimprove our country’s bankruptcy administrator selection system. Including: the scopeof the future insolvency administrator elected to have multidisciplinary expertisenatural-based, established bankruptcy administrator qualification examination, set up aninterim insolvency administrator system, set up to the creditors’ meeting as the maininsolvency administrator selection system.The above measures can improve our country’s bankruptcy administrator selection system and correct shortcomings of that system in order to ensure a smooth cancellationof bankrupt enterprises and overcome economic difficulties.At the same time, thesemeasures can balance the interest parties and ensure the fair, efficient and smooth ofbankruptcy proceedings.
Keywords/Search Tags:bankruptcy administrator, access to qualified, elected body, electedtime
PDF Full Text Request
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