Selection Mode Research Of Our Country's Court For Bankruptcy Administrator

The system of bankruptcy administrator,resulted from the new Law of Enterprise Bankruptcy enacted in 2007,absorbing and drawing on the bankruptcy legislation experience of the developed countries.In the practice of Bankruptcy Law in China,this system is a brand new one and must be attached to enough importance due to its direct relationship with the vital interests of creditors and the realization of bankruptcy proceedings.In the system of bankruptcy administrator,as the first step of bankruptcy administrator operational mechanism,the elective system is the premises that ensure bankruptcy administrators rightfully fulfill their duties in the bankruptcy procedures,which also determines bankruptcy administrator supervision mode and other related systems.Obviously,it is of great significance to put this system in systematical research and comparative analysis.In this paper,with the method of empirical research,based on the study,research and summary of research results existed before,the author has a deep grasp of the basic connotation of bankruptcy administrator selection system.By comparing the legislative regulation of the selection system and implementation situation among different countries and various regions within our country,combined with the author's own work experience,it is expected that the author can provide experience for the continuous improvement of the bankruptcy administrator selection mode.Apart from preface and epilogue,this article consists of three parts.With the beginning of the concept of bankruptcy administrator,the first chapter introduces the concept of the insolvency administrator,origin,characteristics and its legal status.Secondly,it introduces four patterns of the selection mode both domestically and internationally: the court selected models,model elected by the creditors' meeting,compromise and administrative organ selection model.Then,it gives description of the current legislation choices in our country,mainly three kinds of the selection mode--direct court election,random selection and competitive selection.On the basis of the introduction above,the particularity and values in the mode of court bankruptcy administrator selection are discussed.Thus this paper observes,evaluates and comments on the court's current bankruptcy administrator selection mode in Quanzhou.The second chapter introduces the current court insolvency administrator selection mode and puts more emphasis on the introduction to the innovations of trials of bankruptcy administrator selection mode.With the assessment on the above practice,the theory and practice predicament of China's current bankruptcy administrator selection system are presented,which pave the way for the suggestions proposed later.On the basis of previous two chapters,the third chapter comes up with suggestions of perfecting our country's court manager selection mode from two aspects---entity and procedure.In the aspect of entity,starting from the tradeoff model,a court leading manager selection mode is established.Meanwhile,the creditors' meeting is given rights to vote,approve and supervise on the manager candidates.In order to meet the needs of different types of case handling,the administrators are managed hierarchically.Lastly,a regional and even national managers association is suggested to perfect the mechanism of the internal and external supervision on managers.In the aspect of procedures,under different modes(the reorganization,liquidation and compromise),the author tentatively presents the concrete operation process of the manager's selection.At the same time,suggestions for managers to avoid system and adjust the system are proposed,in order to assure managers fulfill their duties with due diligence.Finally,in the summary of the full text,it is hoped that the results of this study can provide insights and experience for the improvement of selection mode in the bankruptcy case managers in Quanzhou.Hopefully,the construction of selection mechanism of bankruptcy managers in China and improvement of selection mode for national uniform managers can benefit from this article.