Research On Supervision Mechanism Of Bankruptcy Administrator

The "Enterprise Bankruptcy Law of the People's Republic of China"(hereinafter referred to as the "Corporate Bankruptcy Law")was formally implemented on June 1,2007.The supervision system of the bankruptcy administrator has gone through 13 years of practice in China,showing its great advantages and exposing Some defects.The bankruptcy administrator runs through the entire bankruptcy process and is responsible for taking over the bankrupt enterprise,managing and disposing of the bankruptcy property in a comprehensive manner,which is the key in the bankruptcy process.Whether the bankruptcy administrator can achieve objectiveness,fairness and efficiency in the process of performing his duties is directly related to whether the rights and interests of the parties to the bankruptcy case can be protected and whether the bankruptcy proceeding is fair and smooth.Therefore,in order to regulate the behavior of administrators and prevent their abuse of power,this requires us to establish a scientific and effective supervisory mechanism for internal and external bankruptcy administrators.The purpose of studying the supervision mechanism of bankruptcy administrators in the context of the construction of the rule of law in the market economy in China is to perfect the theory and guide practice.To study the supervisory mechanism of the bankruptcy administrator,first of all,extract the typical cases of China's bankruptcy enterprises,and gradually find the crux of the bankruptcy administrator's supervision mechanism in the bankruptcy practice,which leads to the following.Secondly,the concept,historical origin and legal status of the bankruptcy administrator are refined,and the connotation,form and significance of the supervisory mechanism of the bankruptcy administrator are expounded.Analyze the problems of China's bankruptcy administrator's supervision mechanism again: First,the internal supervision mechanism is too vague;Second,the supervision power of the people's courts is too large;Third,the creditors' meeting is ineffective;Fourth,the functions of the creditors' committee are unclear;imperfect.Finally,it proposes reasonable and perfect suggestions for the problems of China's bankruptcy administrator's supervision mechanism.It should refine internalsupervision standards,change the supervision methods of the people's courts,expand the creditors' meeting supervision power,improve the creditor committee's supervision power,set up bankruptcy administration agencies,improve The legal responsibility system of the bankruptcy administrator is expected to be beneficial to improve the supervision mechanism of the bankruptcy administrator in China.