Study On The Setting Of Insolvency Administrator Systerm In Personal Insolvency Procedure

In recent years,the CPC Central Committee attaches great importance to the perfection and improvement of the insolvency system.In May 2020,the CPC Central Committee and The State Council clearly proposed in the Opinions on Accelerating the Improvement of the Socialist Market Economic System in the New Era to promote the legislation of personal insolvency and realize the orderly withdrawal of market subjects.Like enterprise insolvency procedure,the smooth development of personal insolvency procedure is inseparable from the construction of insolvency administrator system.However,due to the inadequacy of assets in personal insolvency cases,the original insolvency administrator system set up for enterprise insolvency procedure cannot be completely copied and applied.It is necessary to reexamine the insolvency administrator system and set up the system according to the characteristics of personal insolvency procedure,sum up the experience of the advantages and disadvantages of the insolvency administrator system,and explore the realistic way out of the system setting,which is the key to the legislation of personal insolvency law to play the expected legislative effect in the future.There are more than78,000 words in this paper,which is divided into five parts with about55,000 words in addition to the introduction,references and appendix:The first part is the theoretical basis of setting up insolvency administrator system in personal insolvency procedure.Insolvency administrator refers to the individual or organization responsible for the management and disposal of debtor’s property and other affairs in the whole insolvency procedure,such as insolvency reconciliation,reorganization and liquidation.There are many theories on the legal status of insolvency administrator.Based on the characteristics of isomorphism,the trustee theory of insolvency administrator system can better guide the legislative practice of personal insolvency in China.Based on the balance of interests,maintaining the neutrality of court judgment and the need to counter insolvency fraud,the insolvency administrator has a reason for having to set up.The second part is the comparison of the insolvency administrator system in the personal insolvency procedure.Many foreign countries have established the personal insolvency procedure early,and the comparative analysis of the system setting of the insolvency administrator is helpful to our country’s system construction.It can be seen from the comparison that the most important characteristic of common law countries is the establishment of official receiver system,which acts as law enforcer and substitute receiver.The civil law countries have taken various measures to solve the problem that the personal debtor’s assets are not enough to pay the bankruptcy management remuneration.The most common practice of all countries is the use of natural citizens as bankruptcy administrator form or the main form;Countries also set high thresholds for insolvency administrators to ensure their professionalism.The third part analyzes the current situation of the insolvency administrator system in China’s personal insolvency procedure.In order to adapt to personal insolvency procedures,the pilot areas have achieved good results in the improvement of the insolvency administrator system,including the expansion of the main types of the insolvency administrator,the protection of the interests of the insolvency administrator,the support for its work and the improvement of the supervision and management model.However,there are still many shortcomings,such as the subject qualification of insolvency administrator and its practical application,functional basis,selection and supervision system,which need to be further explored and improved.The fourth part,analysis of the causes of inadequacy in domestic practice.To improve the shortcomings of domestic pilot practices,we should not just fill in the optimization of "what is missing",but also conduct a deeper level of cause analysis and deconstruction.The main reason for its imperfect system lies in the lack of norms.There is a gap between text and practice in improving the balance between cost and benefit.It ignores the legislative purpose of personal bankruptcy and does not follow the guiding position of trust theory.Do not grasp the overall coordination of system construction.The fifth part,the realistic approach of setting up insolvency administrator system in China’s personal insolvency procedure.On the basis of the previous four parts,the author puts forward some suggestions on the legislative path of personal insolvency in the future.Cooperate with the role of opportunity incentive,establish public welfare,less pay market insolvency administrator system.To optimize the performance environment and reduce the cost of the performance of the insolvency administrator by providing the corresponding professional guarantee.To explore the establishment of the official insolvency administrator system and the administrative intervention scheme to the insolvency administrator control,with the official insolvency administrator to make up for the market failure;Through administrative supervision to guide the work of market insolvency administrator to ensure the smooth operation of personal insolvency procedure and the realization of system fairness and justice.