Research On The Legal System Of Brankruptcy Administrator

The bankruptcy law is the basic path of the enterprise's withdrawal from the market,which is based on the three procedures of liquidation,reorganization and reconciliation.2007 "enterprise bankruptcy law" introduced the bankruptcy administrator system,plays an important role in promoting the efficiency of bankruptcy law,but the system still exist many deficiencies,seriously affect the efficiency of the implementation of the bankruptcy law,especially on the formation of enterprise governance zombie system obstacles.Therefore,in-depth study of bankruptcy system,through comparative analysis,explore its shortcomings,and put forward the perfect path,not only help to perfect the bankruptcy law system of its own,but also for the optimization of zombie enterprise governance,and the smooth progress of the current supply side structural reform plays an important role.In this paper,the bankruptcy administrator system,the specific content is divided into the following chapters:The first chapter is mainly introduces the basic theory of the bankruptcy administrator,through the concept of bankruptcy and analyze the characteristics of different theories,combined with in-depth analysis of its legal status,and on this basis to clarify the specific function,so as to lay a theoretical foundation for the analysis below specific system;The second chapter of China's 2007 "enterprise bankruptcy law","Supreme People's Court on the trial of enterprise bankruptcy cases management regulations" and the designated person "the Supreme People's Court on the trial of enterprise bankruptcy cases of bankruptcy trustee compensation provisions" and other relevant laws and regulations,in-depth analysis of the legal framework of bankruptcy trustee system in China,and analyzes the confirm the legal status of issues related to the qualification system,appointment system,lack of lack of standardized management and the lack of people lack of responsibility.The third chapter is a combination of the current supply side structural reforms--governance zombie companies,in-depth analysis of the current reality to promote the necessity to perfect the bankruptcy trustee system in china.In the clear "zombie enterprise" is an important breakthrough in the reform of the supply side structural basis,focusing on the role of bankruptcy trustee plays in corporate governance in the process of zombies,the clear and promote the effective implementation of zombie enterprises through reorganization proceedings and liquidation smoothly or completely withdraw from the important role of renaissance.The fourth chapter takes the United States as an example to analyze the insolvency administrator system.The detailed analysis of the legal status of the United States,the bankruptcy administrator's appointment,supervision mechanism and mechanism of rights protection,in order to provide reference to perfect the bankruptcy administrator system in china.The fifth chapter is the core content is based on the comparative analysis of the previous paper to improve the legal system of bankruptcy administrator of the specific path.Specific include the following aspects: the legal status of the bankruptcy administrator,clear improvement of bankruptcy administrator selection,the establishment of temporary bankruptcy trustee system,perfecting bankruptcy administrator compensation system,perfecting the bankruptcy administrator supervision system and improve the bankruptcy legal responsibility system.