The Research Of Management Of Bankruptcy Estate

Currently,China's economic situation confronted with two big problems,include overcapacity and increasing economic downward pressure.This makes many enterprises choose to withdraw from the market according to Bankruptcy Law.Under such a background,how to increase the rate of bankruptcy liquidation and protect the rights of stakeholders in bankruptcy proceedings has become a topic of concern.The bankruptcy estate management provide a new way to solve this problem.However,due to the regulations of the bankruptcy estate management in current bankruptcy law is insufficient,which lead to the bankruptcy estate management of business idea has not yet been established.In order to perfect the legal system of the bankruptcy estate management,this paper try to defines the connotation of the bankruptcy estate management,and analyzed the defects of the enterprise bankruptcy law of bankruptcy estate management regulations,and puts forward suggestions on establishment of the bankruptcy estate management system.This article is divided into five chapters,the main contents are as follows:The first chapter is introduction.This chapter introduced the background of the study of the bankruptcy estate management,the research results of the bankruptcy estate management at home and abroad and the research method that author used in this article.The second chapter is the analysis of the basic theoretical questions of the bankruptcy estate management.The purpose of this chapter lies in defining the connotation of bankruptcy estate management and try to figure out the subject,object and content of the bankruptcy estate management,as with other types of management behavior to distinguish,which reflect the particularity of the bankruptcy estate management.At the same time,the author grasp the bankruptcy estate management applicable procedures,which highlight the differences between the Bankruptcy proceedings.The third chapter focuses on the analysis of the idea of the bankruptcy estate management,which aims to discuss the legitimacy of the bankruptcy estatemanagement.This chapter try to analyze the problems from three different dimensions.The first dimension is the reflection of the value orientation of bankruptcy law.The bankruptcy law advocated by the fairness which is not only including procedural justice,but also substantive justice.And the fair,in short,in essence is that the creditors of the bankrupt enterprise can receives the compensation to the greatest extent and reduce the losses.The second dimension is the properties of the bankruptcy estate.On the one hand,the bankruptcy estate itself can be used to obtain a value,on the other hand,the bankruptcy estate is scarce in the bankruptcy proceedings.The third dimension discusses that the bankruptcy estate management itself is an essential part of the insolvency administrator authority.The fourth chapter analysis the bankruptcy estate management,based on the current legal standard of the enterprise bankruptcy law.One of the most primary problem is that the provisions of the bankruptcy estate management in the bankruptcy law of is inadequate.Second,the government's position in bankruptcy proceedings is dubious,which impede the government exerting its own advantages in the bankruptcy proceedings.The third is that our bankruptcy supervision system is difficult to have proper supervision of the bankruptcy estate management.The effect of this will,no doubt,increase the risk of bankruptcy estate management.Fourth,the regulation of incentive bankruptcy trustee for the bankruptcy estate management is insufficient,which led to the dilemma in stimulating the enthusiasm of bankruptcy trustee to manage the bankruptcy estate.Finally,due to the risk of bankruptcy estate management,lack of bankruptcy estate management risk sharing mechanism is put forward.The fifth chapter expounded the perfection of legal system from five aspects.First of all,the author put forward that the maximization of the value of the bankruptcy estate established as a principle in the bankruptcy law,which can help set up the concept of the bankruptcy property management.Second,clear the position of the government.Thirdly,perfect the bankruptcy trustee system.Supervise bankruptcy trustee when he manage bankruptcy estate can reduce the risk of bankruptcy estate management.Fourthly,building the bankruptc y trustee incentive system willencourage the bankruptcy trustee to manage the bankruptcy estate,maximizing the value of bankruptcy estate.Finally,the establishment of bankruptcy trustee insurance system will share the risk existing in the bankruptcy estate management.