Bankruptcy Administrator Elective System

With the comprehensive clean-up of "zombie enterprises" in the whole country,the process of enterprise bankruptcy is gradually accelerated,and the number of bankruptcy cases is growing rapidly.Enterprise bankruptcy procedure is an important means of clearing zombie enterprises The bankruptcy reorganization system is added to the enterprise bankruptcy law,which provides a new opportunity for enterprises with debt repayment difficulties.It realizes the transformation from the traditional bankruptcy liquidation orientation to the reorganization orientation with rescue as the core,promotes the bankruptcy administrator to use the market method to rescue enterprises with difficulties,and maximizes the interests of enterprises and creditors.The establishment of a complete and efficient selection system of bankruptcy administrator is conducive to ensuring the effective implementation of bankruptcy management according to law,so as to ensure the standardized exit of bankrupt enterprises.However,the introduction of the legal system of bankruptcy administrator in China is short,and there is a lack of managers with high professional quality.At the same time,there are serious unreasonable and incomplete problems in the current enterprise bankruptcy law in the selection system of bankruptcy administrator.How to choose managers to keep them neutral,balance the interests of all parties and make the legal system more convincing is also the purpose of analyzing the existing problems.This paper chooses the selection system of bankruptcy administrator as the research object,and tries to put forward new suggestions on the improvement of the system.The whole paper is divided into four parts.In the first part,on the basis of the accurate definition of the bankruptcy administrator,the general composition and legal status of the selection system of the bankruptcy administrator are discussed.Through the general theoretical analysis,the different understandings and different theories of different countries in different political and cultural backgrounds are evaluated,Then,it defines the legal status of the administrator accurately.The second part,through the introduction and evaluation of foreign legislation,explains the subject,qualification,time and other issues of foreign bankruptcy administrator.Through comparison,this paper makes a judgment on the general development trend of the bankruptcy administrator,and probes into the necessity of legal transplantation in combination with China’s national conditions and legal system,so as to provide reference for the improvement of the selection system of the bankruptcy administrator in China.In the third part,through the analysis of the current legislative situation and existing problems of the selection system of the bankruptcy administrator in China,it is found that the creditors’ meeting lacks the right to participate in the decision-making of the selection system of the bankruptcy administrator,the establishment of the register of the bankruptcy administrator is unreasonable,the compensation mechanism of the bankruptcy administrator results in the unbalanced distribution of the compensation of the bankruptcy administrator,and the lack of the management and assessment mechanism of the bankruptcy administrator,The absence of supervision mechanism and accountability mechanism of bankruptcy administrator needs to be solved.The fourth part puts forward some suggestions on the improvement of the selection system of bankruptcy administrator in China,including the establishment of the mechanism of creditor denial,the liberalization of geographical restrictions,the application of the joint administrator system,the implementation of the hierarchical evaluation management of the administrator,and the establishment of a national unified bankruptcy administrator Association.So that China’s bankruptcy administrator selection system can better serve the enterprise bankruptcy trial procedure,improve China’s bankruptcy legal system.