Study On The Responsibilities Of Bankruptcy Administrator

The insolvency administrator is an important subject in the bankruptcy liquidation procedure.Compared with other subjects in the bankruptcy procedure,it has the legal characteristics of professionalism,neutrality,legality,sociality,temporality and independence as well as the responsibilities corresponding to its legal status.Bankruptcy administrator from legal responsibility from the insolvency administrator of the corresponding legal status,thus the determination of bankruptcy administrator responsibility in the legal status of bankruptcy administrator legal qualitative(theory),on the basis of the legal status of bankruptcy administrator of the doctrine,have provide theoretical instructions for bankruptcy administrator responsibility source function.The enterprise bankruptcy law in our country from the "administrator center doctrine" implementation of the legislative spirit of bankruptcy proceedings,bankruptcy administrator not only specified by corporate takeover,property management,transaction management,and other general duties,also provides a bankruptcy administrator has the executory contract option,the cancellation right,property recover,draw up the bankruptcy property,the property for security alternative recall plan,draw up the bankruptcy property distribution,to put an end to the bankruptcy court procedures and other special duties.The performance and performance guarantee of the insolvency administrator is just like "the two sides of the coin",and the performance guarantee system of the insolvency administrator is an important and necessary structure of the administrator system.The bankruptcy expense guarantee system is the material basis for the management of the bankruptcy liquidation manager.The compensation guarantee system of the administrator is an effective measure to encourage the bankruptcy administrator to perform his dutiesactively.The supervision of the bankruptcy administrator by the people's court,creditors(meetings),relevant administrative organs and trade associations is a restriction mechanism to urge the bankruptcy administrator to perform his duties actively and properly.In China's current Enterprise Bankruptcy Law,there are some provisions concerning the duties of the bankruptcy administrator,such as unclear positioning and legal status of the legislative prototype of the bankruptcy administrator and incomplete implementation of the independence of the bankruptcy administrator.Some specific duties of the bankruptcy administrator are not practicable;The supervision of the insolvency administrator by the relevant authorities is insufficient and there are some problems such as lack of supervision.In the legislative concept,the legislative prototype and legal status of the administrator system must be determined.To practically implement the independence of the insolvency administrator;Restrict the property management responsibility of the bankruptcy administrator and strengthen its investigation responsibility;We will improve the supervision mechanism of the people's courts,administrative organs and trade associations.