Research On The Remuneration System Of Bankruptcy Administrators Under The Case Of Unproductive And Breakable

With the rapid and in-depth development of China’s economy,competition among enterprises is becoming increasingly fierce,and more and more enterprises with poor management are forced to enter bankruptcy liquidation procedures.China’s relevant bankruptcy administrator system was embodied in the Enterprise Bankruptcy Law of the People’s Republic of China(hereinafter referred to as the Bankruptcy Law)promulgated in 2007,which changed the liquidation group system with excessive administrative color,and turned responsibility and power into the hands of the bankruptcy administrator,which has a great role in promoting the development of the bankruptcy administrator towards professionalization and professionalization.。Relevant contents of the Bankruptcy Law indicate that the remuneration system of the bankruptcy administrator shall be determined by the Supreme People’s Court by issuing relevant documents.Subsequently,the Supreme Court promulgated the Provisions on Determining the Remuneration of the Administrator in the Case of Enterprise Bankruptcy,which further elaborated the procedural and substantive issues related to the insolvency administrator and his remuneration.According to the currentlegal rules of enterprise bankruptcy in our country,the bankruptcy administrator is the core of bankruptcy procedure among many subjects.It is necessary to take over the bankrupt enterprise and deal with all kinds of legal,financial and even social affairs related to the bankruptcy procedure.It can be said that the bankruptcy proceedings can not run smoothly without the bankruptcy administrator.In order to protect the rights and interests of the bankruptcy administrator and stimulate its management enthusiasm,the bankruptcy administrator’s remuneration is included in the bankruptcy expenses of our country’s law,which takes precedence over other debt repayment.Unfortunately,this kind of system design can not guarantee that the bankruptcy administrator can obtain the corresponding management consideration when faced with the situation of "breakable property" of the bankrupt enterprise.The occurrence of this kind of situation is extremely harmful to the protection of their rights and interests.To a certain extent,it will frustrate the working enthusiasm of the group and bring huge hidden dangers to the smooth development of bankruptcy work.This article will start from the reality of our country,combine the basic national conditions and judicial practice at the present stage,and use the valuable experience of developed countries as the theoretical basis for learning and reference.At the same time,we will try to establish the bankruptcy administrator compensation guarantee system in some local courts in China.Giving a summary.Through systematic argumentation,we try to construct an effective and effective bankruptcy administrator compensation fund system,and clarify the source of funds,usage and supervision mode of the system.While ensuring that the company can carry out normal liquidation procedures,it can also guarantee the relevant rights and interests of the bankruptcy administrator.The bankruptcy liquidation procedure is the last link of the company’s existence period,and its smooth implementation cannot be separated from a sound system,and it should also be a comprehensive bankruptcy.The rights of managers are placed in an important position.China’s current laws and regulations do not make clear provisions and ideals for the establishment of the bankruptcy administrator’s fund system.The author believes that the system can be improved from the confirmation of the compensation subject,the establishment of themanagement operation method and the supervision procedure.The remuneration entity is not the manager of all “productless and breakable” cases.Only when the relevant personnel perform the prudent review obligation,they have the right to remuneration;if the management operation joins the government management subject on the basis of the principle of private law autonomy,it can improve the system.The operational efficiency can also ensure the fund security of the fund;finally,the diversification of the main body of supervision can ensure the effectiveness of supervision,and the government entity,the bankruptcy administrator body and the social entity can review the fund account books and other related materials according to the regulations.Ensure the normal and safe operation of the fund.