Comparative Study Of China And The United States Insolvency Representative Monitoring Mechanism

Insolvency administrator is called Bankruptcy Trustee in the United States. As a full-time organization or individual that offers management services for bankruptcy bankrupt, insolvency administrator plays an important role in insolvency proceedings. By analysis the origin and development of the insolvency administrator and comparative bankruptcy administrator system of legislation and practice of our country with the US, we can find that our bankruptcy administrator system development not only started late but also the current law is far from perfect. Especially in the relatively backward supervision of manager, the results in practice easily lead to many problems. In common law countries, the introduction of bankruptcy trustees systems based on the basic principles of trust, as one of the most developed countries the United States Bankruptcy Trustee System have improved the supervision mechanism custodian. Based on the introduction of the United States Bankruptcy Trustee Oversight Mechanism and with the methods of comparative analysis, empirical analysis and so on, summed up our country lacks of the Bankruptcy Trustee Oversight Mechanisms. We hope to combine our current legislation and judicial practice, from the United States of advanced systems, such as administrative supervision system, deposit and custodian professional liability insurance system, to improve the bankruptcy trustee supervision mechanism of our country. In addition, some scholars have advocated the internal supervision, external supervision and oversight responsibility for the ideas discussed manager administrator supervision system about the general context of the article. On the basis of this study, this paper attempts from another more general perspective, which is before, during and after the operation mode of supervision to analysis complete manager monitoring mechanism of our country. Specifically, oversight beforehand is qualified and elected of managers. Matter of supervision is the close supervision of the supervisors of various organizations, including the managers of the autonomous practice implementation in the process of managers. Afterwards Supervise is the legal consequences of a breach that the managers to bear.