On Selection Of Bankruptcy Administrators

Since the enactment of the new enterprise bankruptcy law in 2006,the bankruptcy administrator has officially stepped on the stage of history.Over the past decade,with the progress of technology and the frequent occurrence of a large number of judge's power rent-seeking cases,people began to reflect on the defects of the current system.This paper firstly analyzes the rule defects of the system of manager selection and appointment in China through the comparison of overseas legislation.Then it demonstrates the necessity of modifying the corresponding system by discussing the serious consequences caused by the rule defects and the adverse reactions caused in judicial practice.Finally,it puts forward the corresponding modification or supplementary suggestions for the rule defects.This paper is divided into three parts.The first part is the qualification of the administrator.This part firstly demonstrates that the bankruptcy administrator should conform to the characteristics of neutrality,relative independence and professionalism.Secondly,by comparing the provisions on the qualification of the administrator in the bankruptcy laws of various countries,this paper analyzes the defects of the lack of positive qualification conditions for the administrator in the bankruptcy laws of our country,and proposes to supplement the qualification clauses of the administrator and set up the qualification examination for the administrator.Finally,in this paper,the special provisions of the liquidation group of the qualification of ignore creditors' degree of autonomy and administrative intervention too deep,and do not have the status of the subject of litigation and other defects,through discussing Xiancheng and Wuxin into administrator responsibility dispute reasoning rules of defects in the adverse effects,and suggest to abolish the liquidation group system.The second part is the subject and time of the bankruptcy administrator.Selected main part selection system in court,the creditors' meeting and double-track three dominant selection model,on the basis of summing up the defects of Chinese court selection mode,through the analysis of the pros and cons to modify rules,public pool model,east star airlines bankruptcy related research.Finally,it draws the conclusion: We should enlarge the autonomy of the creditors,narrowed the court's judicial intervention,on the basis of the existing system with reference to Germany doubletrack mode modified;In part of the time of appointment,the author compares the national legislation of accepting the initialism,and concludes that our country lacks the defect of the temporary administrator system.The third part is the selection procedure and error correction mechanism of the bankruptcy administrator.In the selection procedure part,first of all,the deficiencies of the selection method based on the random number lottery are elaborated.Then,the advantages of the classification system combining randomness with competition are discussed.Finally,the selection method of "random & competition" for bankruptcy administrators in China is constructed by referring to the classification system in Henan,Fujian and other provinces.Part of the error-correcting mechanism focuses on the two major defects in the system of the objection right of the interested party and the relief after the appointment of the bankruptcy administrator: the absence of the objection right of the debtor to change the administrator and the monotonous form of the appeal right of the administrator,and the absence of the right of reexamination.By discussing the serious consequences caused by the defects of the rules and the specific reflection of the defects of the rules in the judicial practice such as the bankruptcy reorganization case of Daqian company.The necessity of the revision of the rules is demonstrated,and the corresponding supplement and modification suggestions are put forward.