The Study Of Perfection Of Bankruptcy Administrator System

In 2006, China’s "bankruptcy law" had been revised. As the core of the bankruptcy system, the bankruptcy trustee system was introduced, and stipulated in a provision, which was a major breakthrough in China’s bankruptcy legal system. In the past nearly ten years, the bankruptcy administrator system plays an important role in enterprise bankruptcy reorganization of work, but some problems of it are also exposed. After all, it hasn’t been a long time since bankruptcy trustee system set up, and the theory hasn’t been studied deeply enough. Through the practice, we can find problems which could help us to further perfect the bankruptcy law. In this paper, from the perspective of bankruptcy administrator background, selection mode, status and supervision mechanism, it discusses the present situation and problems of the bankruptcy administrator system, and put forward a proposal for perfecting.The first chapter starts from the appearance background of the bankruptcy administrator, which discusses from two aspects of the realistic and system background, and analyzes two important bankruptcy cases-the "reorganization case of Zheng Baiwen" and "Guang Xin event". It also discusses the current legislation of our country’s bankruptcy administrator;The second chapter discusses the bankruptcy administrator system, from the perspectives of economics, management and law, it analyzes status of bankruptcy trustee. It also makes a comparative analysis of different theories of domestic and international legislation on the bankruptcy administrator, and puts forward a theory which is more suitable for China’s national conditions by comparing the advantages and disadvantages of these theories. What’s more, it explores the related problems of the bankruptcy trustee system in China through detailed analysis of selection mode, right and duty, and supervision mechanism of the bankruptcy administrator obligations;The third and the fourth chapter are the key parts of the article which put forward some concrete problems of the bankruptcy trustee system in China at present. To solve these problems, it’s necessary to further weaken administrative intervention, perfect the selection system of the bankruptcy administrator, make it clear of administrator functions and complete the supervision mechanism of bankruptcy administrator, so as to gradually improve and establish the bankruptcy administrator system in line with China’s national conditions.