Improve The Supervision Mechanism Of Bankruptcy Administrator In Our Country

According to the provisions of the Enterprise Bankruptcy Law(Trial Implement)of 1986,the liquidation group shall be responsible for the bankruptcy proceedings and administer the bankruptcy affair.However,the liquidation igroup itself has some problems,such as temporary institution,strong dependence,strong administrative intervention,weak capacity of civil liability,uneven professionalism of its members,and so on.It can't deal with the increasing number of enterprise bankruptcy cases efficiently and fairly.Therefore,the 2007 new law introduces a new bankruptcy administrator system,which endows the bankruptcy administrator with the responsibility of keeping,cleaning up,appraising,handling and distributing bankruptcy property so that it can make up the shortcomings of the liquidation group,and can better adapt to the deep reform of the market economy.Meanwhile,in order to cope with this change,the supreme law has successively issued “Provisions on the trial of designated administrators of enterprise bankruptcy cases”,“Provisions on the trial of administrator compensation of enterprise bankruptcy cases”,“Provisions on the determination of administrator compensation”,which form a bankruptcy administrator system matching legal and judicial interpretations.As an indispensable part of the bankruptcy stage of an enterprise,the administrator's own good moral accomplishment and high-level professional competence can make an enterprise revive or successfully liquidate when it is on the verge of bankruptcy crisis,so as to realize the stability of the market and society.Undoubtedly,the administrator of thenew law is the renewal and progress of the previous liquidation group,and its social value is becoming increasingly prominent.However,with the emphasis of reform and opening-up on supply-side reform and the emphasis on “break,establish,reduce”,the responsibility of administrators has become more and more important.At the same time,we have to admit that there are loopholes in the system of administrator in the Enterprise Bankruptcy Law,which has been implemented for 12 years.For example,there are some urgent problems in the supervisory mechanism of the bankruptcy administrator in our country,such as too abstract legal provisions,inadequate supervisory effect,difficult practical operation and weakening legal liability.Therefore,the author believes that the broad rights of administrators in the face of increasing bankruptcy cases also bring hidden dangers to the efficient and fair conduct of bankruptcy proceedings.Wenzhou,as a place for the development of private enterprise since China's reform and opening up,ushered in the vigorous and upward development of private economy in the early stage of reform and opening up.However,in recent years,under the heavy pressure of domestic and foreign economy,the rupture of the capital chain and guarantee chain of Wenzhou private enterprises has occurred repeatedly,which has also led to the crazy spread of financial risks,which has made many enterprises in Wenzhou face bankruptcy disaster.Therefore,the number of bankruptcy cases accepted by the court is also increasing year by year,accounting for the first number of bankruptcy cases in Zhejiang Province and the whole country.In the face of so many bankruptcy cases,Wenzhou's judicial practice has gradually explored a new type of bankruptcy case hearing mechanism with Wenzhou model,among which there are innovations in the supervisory mechanism of the bankruptcy administrator.