Concerning The Defects Of Reforming Management System And Perfect

The implementation of the "People's Republic of China on Enterprise Bankruptcy Law" of June 1th.2007 firstly introduce the real bankruptcy rule in our law system,which allows companies in financial trouble renaissance possible.However,unlike traditional liquidation different purposes aimed at reforming the system on the verge of bankruptcy enterprises save,which involves the participation of the main more conflict between the interests of the subject is more complex,in which managers play role is more important and diversified.New Bankruptcy Law is also the first time a system,bankruptcy law from both positive and negative aspects of the qualifications manager made provisions,and lists the main responsibilities of the general manager,but heavy under this particular whole procedure,law administrator qualifications and selection process,and it is different from liquidation proceedings in different duties and not to make further detailed provisions,so that managers appear incapable of reforming role in reorganization proceedings,selection process unfair,unclear responsibilities lamp case,materially affect the effect of legislation reforming the system.This article from the particularity of reorganization proceedings,discusses managers and the different status,roles and responsibilities of managers under the authority of the program under the bankruptcy liquidation,bankruptcy settlement procedure,and made a perfect administrator elected reformer and responsibilities countermeasures and suggestions.Firstly,in theory,to reforming the system and the system administrator has been studied,we discussed the connotation and features of reforming the system and the system administrator,and proposed the title "Restructuring Manager" under the specific program,in order to distinguish managers in the general sense,is studied to clarify the boundaries.Secondly,this paper development status of the reorganization administrator System in China and the problems have been studied,and two by the typical judicial cases to analyze proposed reforming the outstanding problems in our elective system administrator and responsibilities exist,mainly in reforming manager qualifications system is not perfect,elective procedures and imperfect duties boundaries are not clear and so on.Furthermore this paper,the world's major developed countries such as USA,UK,Germany,France and Japan on the bankruptcy reorganization and system administrator legislation,studied comparative law analysis of the merits of the above-mentioned national legislation,and the United Nations UNCITRAL legislative guide prepared by the United Nations General Assembly resolution and insolvency law has been studied for the improvement of reforming the system administrator can provide valuable experiences.On the basis of theoretical research,empirical analysis and comparative argument,put forward by the establishment of national qualification system-level managers,the establishment of the Authority and the Association of Insolvency insolvency administrator,the administrator elected to implement a competitive mechanism,as well as clearly defined as different different roles manager duties,is to improve the system administrator of reforming China's basic routing.