Research On The Legal Regulation Of Bankruptcy Administrators' Compensation

With the development of market economy in our country and the competition between enterprises,more and more small medium-sized enterprises are facing bankruptcy.Last the liquidation team can not meet the requirement of the market economy development and not up to the enterprise bankruptcy liquidation,because of the lack of professionalism and independence.As a result,in 2007 the enterprise bankruptcy law of the People's Republic of China on the implementation of the system,introducing the bankruptcy administrator system.And under the new system,administrator sets "responsibility,right and benefit" three into an organic that reflected the administrator of professionalization,specialization and marketization.Selected with the law of bankruptcy administrator professional institutions or individuals to take over the debtor enterprise,and then introduced the supreme people's court on the trial of enterprise bankruptcy cases to determine the administrator's remuneration provisions of bankruptcy administrator's decision subject,scope of compensation,compensation calculation and the way of adjustment made specific provision,such as further security for the reward of bankruptcy administrator rights.Scientific and reasonable compensation system is beneficial to bring into play the function of compensation incentive,encourage managers in the affairs of the bankrupt diligently,accord to the requirement of market.However,at present our country bankruptcy administrator compensation system still exist in practice,such as the bankruptcy administrator and the decision too focused on the court to pay remuneration allocation is unreasonable,"proletarian can break" phenomenon under manager's reward struggling,and paid manager repeated problems,seriously affected the play of the role of incentives,is not conducive to attract excellent talents to join the manager team,hinders the development of our country bankruptcy system and the realization of the goal.These problems in the practice,by consulting relevant literature,the bankruptcy administrator system at home and abroad as well as with court judge and lawyer communicate bankruptcy administrator pay problem.On the basis of investigating the feasibility Suggestions are put forward.It is due to the lack of professionalism and neutrality,the liquidation group set the insolvency administrator of this system,aiming at the existing problem of insolvency administrator pay recommendations also should conform to the purpose.The compensation measures are should be in line with the manager of occupational,professional and neutrality.With the thinking based on the principle and puts forward the solution of the system can not be contradictions.As a starting point,this paper puts forward introducing temporary bankruptcy administrator system establish double-track compensation decision mechanism,establish a market-oriented bankruptcy administrator compensation fund,puts forward measures for the fund management,improve the linkage mechanism and the efficiency of dealing with the bankruptcy.