On The Selection And Supervision Of China's Bankruptcy Administrators

The bankruptcy administrator refers to the organization that manages and disposes of the bankrupt property during the process of bankruptcy liquidation,bankruptcy reorganization,bankruptcy and settlement,manages the enterprise,and formulates and implements the bankruptcy plan.After the bankruptcy is declared,the debtor becomes a bankrupt,and the exercise of all rights granted by the law is strictly restricted.The bankrupt loses the right to manage and dispose of all his property,and his property becomes bankrupt property and is enjoyed by all creditors.The bankruptcy procedure distributes the bankrupt property to each creditor fairly and fairly through the management,liquidation and disposal of the bankruptcy property.The administrator system is to take over the debtor's property and handle related matters in the process of bankruptcy liquidation,bankruptcy reorganization,bankruptcy and settlement.The administrator needs to fully supervise the company under the guidance and supervision of the court and be responsible for the custody,liquidation,valuation,processing and distribution of the debtor's property,and achieve the purpose of the debtor's bankruptcy.Therefore,the administrator is the most important part of the bankruptcy process.This paper combines theory with judicial practice,and puts forward the theory of bankruptcy administrator selection and supervision system while proposing the issue of bankruptcy administrator selection and supervision system in judicial practice.It not only hopes to help understand the nature of bankruptcy administrator.Optimize the selection and supervision system of the bankruptcy administrator to facilitate the supervision and guidance of the people's courts.At the same time,it also hopes to provide some suggestions and opinions for the legal community engaged in bankruptcy trial practice by introducing the practices in judicial practice,and to solve the problems in the real world.It is helpful to improve the selection and supervision system of bankruptcy administrators in China.This article mainly includes the qualifications of the bankruptcy administrator,the roster of managers,the method of selection,the subject of election,the supervision of the bankruptcy administrator,etc.In addition to the introduction,this article is divided into five.The first part mainly introduces the current standards of qualifications in the selection of bankruptcy administrators and related issues and suggestions,including negative qualifications and positive qualifications.The second part mainly introduces the roster administrator's roster system and its shortcomings,and puts forward suggestions for improvement.The third part mainly discusses the selection methods of bankruptcy administrators,including four methods: random selection,competitive selection,designated liquidation group and relevant organizations.Introduce the advantages and disadvantages of various options in combination with judicial practice.The fourth part mainly introduces the selection subject of the bankruptcy administrator,and makes recommendations on the determination of the selection subject by comparing the models outside the domain and China.The fifth part mainly introduces the supervision of the bankruptcy administrator by the people's court.Starting from the necessity and appropriateness of the supervision of the people's court,it discusses the methods and deficiencies of the supervision of the people's court and makes recommendations on the supervision of the bankruptcy administrator.