The Research On Bankruptcy Chosen Subject System

Bankruptcy administrator system is an important part of bankruptcy law system. The provisions of the Supreme People's Court constitute the custodians of the bankruptcy system in China. In the bankruptcy administrator in this system, the selection of subject in our country's "court mode", which shall enjoy the right of the insolvency administrator selected by the people's court. However this system emphasize the judicial mandatory and ignored the autonomy of the creditors and hard to realize the goal of legislation in the bankruptcy law. By appropriate selection subject on the basis of scientific and reasonable procedures to select the manager, is advantageous to the bankruptcy case fair and efficient processing. So the bankruptcy administrator chosen subject system is of great significance.In this paper, the text is divided into five parts. The first part of the east star airlines bankruptcy case introduction and evaluation, pointed out by the case reflects the problem of bankruptcy administrator chosen subject system in our country. The second part of the specific analysis of our country adopt "court mode" selection of the existence of bankruptcy administrator. Due to the legal status of bankruptcy administrator is of decisive role on a country's bankruptcy administrator selection mode, the third part of this article is to introduce and analyze the existing domestic and abroad on the basis of the theory of legal status of bankruptcy administrator thinks that our country should adopt "trustee". The fourth part respectively from " public pond model", the "prisoner's dilemma" model and the perspective of the property rights theory, on the bankruptcy administrator chosen subject system should strengthen the creditor autonomy to realize the goal of the root of the bankruptcy law legislation. The fifth part puts forward legislative Suggestions for current elected by the bankruptcy administrator system, namely the court appointed and combines the creditors' meeting, seek judicial enforcement and the balance of the creditors' autonomy.