Research On The Supervision Mechanism Of The Bankruptcy Administrator

Implementation of the Enterprise Bankruptcy Law of China since June 1,2007,Drawing on the advanced experience of bankruptcy legislation in developed countries,The introduction of the bankruptcy administrator system,And adopted a management model to people-centered,The bankruptcy manager system replaces the liquidation system,So that China's corporate bankruptcy administrator system to the market,the direction of the rule of law transformation.China has entered a period of comprehensive construction of the market economy,Bankruptcy administrator as trustee,In bankruptcy proceedings independent of the courts,creditors,debtors,To deal with bankruptcy in an individual name,Manage the property of the bankrupt and distribute the price of the bankruptcy property,The insolvency representative is responsible for dealing with the interests of the parties to the bankruptcy affairs balance,Strongly reduce the negative impact of bankruptcy,The bankruptcy of the smooth exit of the market,But also bankruptcy reorganization,reconciliation procedures in the managers and performers,The insolvency proceedings revolve around the insolvency representative.The conduct of the insolvency representative determines the advanced level of the insolvency law,The legal status and professional accomplishment of the bankruptcy administrator play an important role in the insolvency proceedings.Different viewpoints on the issue of bankruptcy administrator,Leading to the bankruptcy manager's election,duties,remuneration,responsibility will have different results.The establishment of the legal status of the bankruptcy administrator provides the theoretical basis for the bankruptcy administrator to perform his duties properly,The supervision mechanism of its behavior can enable the bankruptcy administrator to smoothly carry out the relevant acts in accordance with the law,To ensure the integrity of the entire bankruptcy proceedings,efficiency and bankruptcy goals,It should be detailed from the legal rules,To achieve the purpose of bankruptcy legislation.From the analysis of the bankruptcy doctrine,and then clear the bankruptcy administrator in the insolvency proceedings in the legal status of the bankruptcy administrator to perform their duties,assume responsibility and obligations of the prerequisite.'Any right should be subject to supervision,the absolute right will lead to absolute corruption,the establishment of bankruptcy supervisors oversight mechanism far-reaching.This paper explores the theoretical basis of the supervisory mechanism of the bankruptcy administrator from the rights and obligations of the bankruptcy administrator,and compares the two legal systems to discuss the theoretical problems of the supervisory mechanism of the bankruptcy administrator.Based on this,this paper discusses the phased supervision mechanism of bankruptcy managers,analyzes the shortcomings of the supervision mechanism of bankruptcy managers in China,and puts forward some legislative suggestions on the supervision mechanism of bankruptcy managers in China.This paper is divided into three parts.First part,From the origin and legal status of the bankruptcy administrator system to explore the bankruptcy administrator in the bankruptcy proceedings in the status and role of the bankruptcy administrator's authority to lead to the bankruptcy of the property management of moral and job risk,bankruptcy administrator's practice and morality Standards should be standardized from the legislative point of view,the bankruptcy managers to fulfill their duties in the process of.prudence,attention obligations and skills standards is the bankruptcy administrator supervision mechanism of the reasons for this part of the establishment of bankruptcy supervisors of the positive significance of the mechanism was analyzed,Summarized and summarized.The second part,The analysis and summary of the three-stage supervisory mechanism for the selection,service and responsibility of the bankruptcy managers of the two legal systems.The bankruptcy administrator should have the appropriate professional quality in the election,lawyers,accountants,businessmen and other professionals with professional quality as the bankruptcy administrator more appropriate,The bankruptcy administrator carries out the resignation review system and resigns the need for legal reasons.The supervisory supervision of the bankruptcy administrator is governed by the court,the creditors' meeting,the bankruptcy debtor,the supervisory committee and so on.Bankruptcy supervisor(Also known as the creditors' committee or the committee,the inspection committee)The full supervision of the insolvency representative during the intersessional period of the creditors' meeting.The third part,Analyzes the advantages and disadvantages of the supervision mechanism of the bankruptcy administrator in our country,and puts forward that our country should realize the creditor's election through the way of creditor autonomy.Only when the creditor's meeting can not choose the bankruptcy administrator,the court chooses the bankruptcy administrator.At present,due to the heavy task of the trial of our courts,the court's supervision of bankruptcy managers inevitably flow in the form.It shall establish a special judicial administrative organ to carry out effective and comprehensive supervision of the bankruptcy administrator.In the supervision measures should be established bankruptcy administrator practice margin system,insurance system.The commitment of the insolvency representative to civil,administrative and criminal liability is set out in the Code.