The Bankruptcy Administrator Responsibility In Our Country

Along with our country market economy development and bankruptcy cases increased year by year,in response to this situation,our country formally implemented the enterprise bankruptcy law of the People’s Republic of China in 2007,which introduced the bankruptcy administrator system and it is a breakthrough progress on our country’s bankruptcy system.The new bankruptcy law entrusts the administrator of bankruptcy with a wide range of responsibilities in bankruptcy procedure,but its provisions on the administrator responsibilities are too principled and lack of operability in the process of application.Those are shortcomings and lead a lot of serious problems to bankruptcy administrator in the working process.For example,administrators lack of enforcement power,investigative powers,supervisory power,personnel appointment and when the administrators need to interface with court and other departments,the court or the departments cannot provide efficient help,and even cause blocks.Those are need to be solved urgently.When entering the bankruptcy procedure,the administrator has to take over the debtor’s enterprise as a substitute for the debtor and take charge of the debtor’s enterprise.The responsibilities of bankruptcy administrator are very important for all the parties of bankruptcy cases.At the same time,it is also necessary to clarify the provisions of accountability when bankruptcy administrator fail to perform their duties,so as to promote the bankruptcy administrator to perform their duties more actively.In view of the problems existing in the responsibilities of administrators in the bankruptcy process in our country,this paper draws lessons from the relevant foreign countries which have mature experience of bankruptcy administrator responsibility system and puts forward suggestions for the improvement of our systems and improves the efficiency of the bankruptcy proceedings.The main content of this article is as follows:In the first part,introducing the background of the development of the bankruptcy administrator system in our country and combining with the current research situation at home and abroad.In the second part,introduction of the concept of administrators,the history origin,the legal status of bankruptcy administrator system and emphasizes the meaning of confirming the bankruptcy administrator’s legal status.In the third part,clearly defined bankruptcy administrator responsibility connotation and on the basis of the existing bankruptcy administrator responsibilities legal system to analysis the current bankruptcy administrator responsibilities and institutions of our country.In the fourth part,it is the focus of this article discusses section.Conclude bankruptcy administrator responsibility,summarizes the problems and put forward solutions,provide suggestions for later research and theoretical basis.In the fifth part,analysis some advanced countries’ mature experience and through the analysis result of the developed countries,summarizes the enlightenment of perfect the bankruptcy system reform of our country.In the sixth part,this part mainly through the combination of the foregoing discussion,puts forward the legislative improvement suggestions of the administrator responsibility in the bankruptcy process of our country.It is also the focus of this article.