On The Improvement Of The Legal System Of Bankruptcy Administrator In China

The 2018 Government Report requested liquidation and restructuring of "zombie enterprises",citing "eliminating backward production capacity." The Bankruptcy Law as a method of perfecting the system of rescue and withdrawal of market subjects,it requires special social intermediary organizations or individuals to keep,value,distribute the debtor's property and engage in necessary civil auxiliary activities and other affairs.These institutions or individuals are called administrators.Only by defining the legal status of the administrator,can the legal system of bankruptcy administrator be further perfect.The discussion on the legal status of the administrator has never stopped.There are several theories,including legal subject theory,creditors' representatives theory,independent subject theory and trust theory.This thesis holds that the administrator should be an independent legal entity.In 2006,China's Bankruptcy Law first introduced the internationally prevailing administrator system.Bankruptcy Law from the liquidation group period into the administrator period.The administrator legal system mainly includes the selection,duty and remuneration of the administrator,and the selection and appointment of the administrator is the primary link of the whole administrator legal system.After a detailed analysis of the roster of administrators in 21 provinces,autonomous regions and municipalities directly under the Central Government,we can know that China has basically established the system of the roster of administrators and the administrator classification has become a trend of innovation in practice.Besides,the types and ways of selection have become more diversified and multiple.At the same time,the administrator selection and appointment system have also been criticized by many scholars.For example,the roster of administrators is suspected of setting up administrative licenses in a disguised form,lacks a unified standard and the dynamic management of the administrator,sets geographical limitation,the way of selecting the administrator is mechanically,selection process is opaque and so on.In order to the administrator selection system become more scientific and standardized,on the one hand,court should adhere to the system of administrator roster,refine the quantification standard of compiling the roster of administrators,carry out dynamic management and update the roster of administrators in time.On the other hand,thescope of selection should be further broadened,the mode of selection should be innovated,the etiology diagnosis of bankrupt enterprises should be accurate and the prescription should be effective.At the same time,every step of the bankruptcy case is inseparable from the performance of the administrator's duties.In practice,administrators often fall into the dilemma of "difficult to perform".In order to remove obstacles to the performance of the administrator's duties,the association of bankruptcy administrators shall be set up.And strengthening the construction of the administrator teams.Secondly,we should establish and perfect the administrator investigation order system in the bankruptcy case and strengthen the administrator's investigation power.Finally,making the court,local party and government organs coordinate and establish the benign linkage mechanism between court and government.When the administrator performs his statutory duties,the administrator shall have the right to receive the corresponding remuneration.The court shall takes the total value of the debtor's final settlement as the object of payment and calculates the proportion by the fixed rate of difference.And combined with the complexity of bankruptcy cases,the degree of diligence finally determine the remuneration of the administrator.Whether in the face of the case of "no property to break",or the marketable development trend of the administrator's remuneration,or rigid payment of remuneration.In order to stimulate the enthusiasm of administrators,we needs to innovate the existing mechanization of payment system,establish a special fund system for the administrator's remuneration,a mechanism for the administrator's special contribution compensation and a system for the administrator's remuneration to be paid in advance by installments,so as to create a rapidly developing occupational environment for administrators.In March 2018,the Supreme Court issued the Summary of the National Bankruptcy Judgment Conference,which shows that the further optimization of the administrator system conforms to the needs of the bankruptcy trial practice in China.Through the study of the legal system of the administrator,the author hopes to provide a strong system guarantee for improving the management of enterprises and optimizing the industrial structure,so that this research can really serve the realeconomy and solve the practical problems.