The Research On Trustee's Remuneration Legal System

Trustee's remuneration directly affects the the interests of creditors and trustees,the function of the trustee's system,the 22th and 28th of The Enterprise Bankruptcy Law and the relevant judicial interpretation of the Supreme People's Court has great guiding significance to the calculation of the trustee's remuneration in judicial practice,including the measures for calculation of the remuneration;the payment procedure and other issues,but there are still many problems in the trustee's remuneration legal system.The trustee's remuneration is calculated by the value of detor's assets.And the value of the collateral is excluded from the calculation of payment.~With the improvement of the guaranty law system,collateral occupies the majority of the bankruptcy property,such calculation method will not only make the trustee's remuneration and workload mismatch,but also increase the possibility of trustee's remuneration disabled to pay.Before we disuss these problems,it is important to make clear which subject have rights to decide the calculation of the trustee's remuneration,and it is also necessary to discuss how to deal with the conflict between the court and the creditor meeting.Therefore,on the basis of the overall legal system of the trustee's remuneration,combined with the practice,this paper combs out three legal issues,that is,the calculation of the trustee's remuneration,how to make sure trustee get paid when detor's assets are insuffient,who have rights to decide the calculation of the trustee's remuneration.Each problem is disussed based on legal provisions and legislative guidelines,foreign relevant experience,combined with domestic practice,theoretical analysis and demonstration,and finally put forward improvement plans.Although the article is discussed at a hierarchical level,it is based on the overall legal system of trustee's remuneration,and the emergence and solution of each problem also have connection to each other.