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Research On Occupational Liability Insurance System Of Bankruptcy Administrator

Posted on:2018-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2416330518950623Subject:Commercial law
Abstract/Summary:PDF Full Text Request
Enterprise bankruptcy law has been come into effect for nearly ten years since2007.This means that the administrator of the practice of liability insurance system in the form of legal provisions have been more than ten years.This means that the administrator's liability insurance system has been in the form of law for about ten years.Speaking of the past decade,Although Chinese economy has embraced a high-spend growth,the competition in the market is becoming increasingly fierce,thus leading to a much worse market environment for enterprises.Under this circumstance,bankruptcy has become a life-saving straw for enterprises to hold for the purpose of reliving the commercial market.Except some simple academic papers,there is no any relative insurance products,in a word,the administrator's liability insurance in our law is just a system constituted by some words.In today's economic environment,there is a huge demand of bankruptcy of administrators,working pressure those administrator facing is growing,and practical risks are inevitable.In order to diversify the manager's practice risk,the manager's practice liability insurance should not stay at the legal text level.The market should establish the corresponding insurance products and serve the market economy construction.this paper sets put to put forward some ideas on how to build and improve the administrative liability insurance system on the basis of analysis and elaboration of it,details are as follows:The first part describes the bankruptcy administrator's practice risk.This part analyzes the causes of the risk of manager's practice,and points out that the risk of manager's responsibility is mainly due to its embarrassing legal status and heavy management responsibilities.Secondly,it summarizes several types of manager's practice risk,including: property and document management risk,management risk,litigation risk and other risks.The second part mainly analyzes the necessity and feasibility of the administrator's liability insurance.In the view of the necessity of arguing theadministrator's liability insurance,the administrator's own risk is inevitable and the administrator 's own risk-taking ability is limited.In terms of the feasibility of the manager's liability insurance,it can provide some practical experience through the analysis of the insurability of the administrator 's practice risk,and the other countries and regions can provide some practical experience.The liability insurance system of other industries established in our country can provide a certain reference value,the support of legal and technical aspects of four perspectives.The third part is based on the first and second part,the author clarifies the attributes of the administrator 's liability insurance and explains the structure of the administrator's liability insurance.On the one hand,it proves that the administrator liability insurance is compulsory liability insurance,but also a kind of expert liability insurance.On the other hand,the insurance structure includes the subject of insurance,insurance coverage,insurance period,insurance coverage,the insurance pattern,insurance claims,The insurance liability limit and deductible,insurance liability exemption and so on.The fourth part is the perfection of the liability insurance of our bankruptcy administrator.This part is the core of the article.first of all to analyze the status quo and shortcomings of China's bankruptcy administrator liability insurance,to explore the root causes of the problem;on this basis,put forward the perfect bankruptcy administrator practice liability insurance concept,from four levels Perfect is:(1)is required to improve the existing legal system;(2)is to establish industry associations to guide the insurance mechanism;(3)is the manager of the practice of liability insurance pricing model,which is innovation of the full text;(4)is to discuss the management of insurance overlap.After elaborating on all aspects,this paper hopes to design a way to solve the dilemma of the current manager liability insurance in our country.However,the gap between theory and practice is always there,and more pragmatic design should be perfected in practice.
Keywords/Search Tags:bankruptcy administrator practice risk, practicing liability insurance, insurance overlap, manager practice liability insurance
PDF Full Text Request
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