On The Selection System Of Bankruptcy Administrators

After decades of rapid development,China has entered a new economic normal,the growth rate from high-speed into high-speed,economic forms facing greater downward pressure,followed by the number of bankrupt enterprises is gradually increased,Even in a given period of time there will be blowout growth,so properly deal with these bankrupt enterprises has become an important issue.And the insolvency administrator in the insolvency proceedings play a pivotal role,how to choose the ability to make outstanding and make the satisfaction of the bankruptcy managers will be a worthy of study.But in our country "bankruptcy law" is still a very young law,in the bankruptcy manager's selection of many provisions are not satisfactory,urgent need to improve.This paper is based on the above background to study the problem.Through the analysis of the evolution history and the development of judicial practice in China's "bankruptcy law",it clarifies the deep-seated reasons for the existence of defects and defects in China's relevant legislation.By comparing the system of bankruptcy administrator selection in the world,And the gap between developed countries,and finally learn from the experience of mature market economy countries,put forward to improve China's bankruptcy legislation some of the discussion.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter first introduces some concepts related to the bankruptcy administrator,and then introduces some foreign theories about the legal status of the bankruptcy administrator.To show that if the different doctrines are often based on the bankruptcy managers have different ways to choose,then the bankruptcy administrator of China's position,that bankruptcy managers compared to agents and public officials,more similar to bankruptcy Consortium representative.The second chapter mainly aims at the qualification of the bankruptcy manager and the subject of the election.It compares the comparative models of foreign legislation and analyzes the advantages and disadvantages of each model,and analyzes the relevant Legislative flaws provide arguments.The third chapter is the key chapter of this article.In this part,the author briefly introduces the provisions of the bankruptcy law of the bankruptcy law in our country.For example,the main body of the bankruptcy manager is the court,and the selection method is random,competition and acceptance.Then,The author discusses the defects of the bankruptcy administrator system in our country and the causes of the formation of the defects.such as the manager of the bankruptcy manager,the way of selecting the election,and then from the theory and practice The defects of the bankruptcy administrator system in our country and the reasons for the formation of the defects.The fourth chapter is a solution to the problems listed in Chapter 3,which is a difficult problem in this paper.The author draws lessons from the experience of foreign advanced legislation,combined with China's judicial practice,put forward some practical suggestions to improve this system.