Proposals On The Legalization Of The Bankruptcy Administrator Appointment System Under The Background Of Optimizing The Business Environment

The business environment is a collection of various types of external factors and comprehensive conditions,which comprehensively reflects the business situation of the economy.The Doing Business report assigns specific matters involved in the above aspects with certain indicators,collects and analyzes quantitative data for horizontal and vertical comparison of the business environment of various economies,and provides comparisons of the business environment of various economies for the reference of industry insiders and others.The quality of the business environment in an economy,in turn,will directly affect the number of investment promotions and subsequent operations,and ultimately have an important impact on economic development,fiscal and tax revenues and expenditures,social employment issues,etc.It is the primary condition for a country or region to participate in competition,an effective means to carry out exchanges and promote cooperation,and an important indicator of the economic strength of this economy.Although the indicators used in different Doing Business reports are not the same,but "handling bankruptcy" is an indicator that all reports attach importance to,in view of the fact that China’s bankruptcy is in a period of rapid development,according to the data reports of the World Bank and China’s National Development and Reform Commission in recent years,the impact of this indicator on economic growth in various indicators is more significant."Handling bankruptcy" indicators under the several first-level indicators and dozens of second-level indicators,the bankruptcy administrator system is a system that affects a number of second-level indicators,which has a very important significance in improving China’s bankruptcy efficiency and improving China’s business environment,and this year there have been many academic and practical studies focused on this,and this article intends to explore the way to optimize the system and the impact on the business environment from the perspective of the selection of bankruptcy administrators.Firstly,the relationship between the bankruptcy administrator appointment system and the business environment is discussed,the relevant concepts are introduced,the necessity and importance of the thesis topic are explored from the academic point of view,and the current situation of the appointment of bankruptcy administrator in China is quantitatively analyzed,and the current situation of the system is intuitively explained.Optimizing the bankruptcy administrator system can not only theoretically improve China’s bankruptcy legal system and improve China’s international image in line with the development of economic globalization,but also an inevitable move that runs through the "supply-side" reform and promotes the comprehensive deepening of reform,conforming to the development trend of the times.Secondly,in view of the current situation of the bankruptcy administrator system,analyze the development of the appointment of administrators under the current situation,summarize and analyze the situation under the existing data,including the court-centered selection model,the types of bankruptcy administrators being explored and the selection methods,the preparation of the bankruptcy administrator manual and the classification of bankruptcy administrators that are developing rapidly and gradually maturing in various provinces,etc.,and analyze the impact of existing measures on China’s business environment,especially the impact on the indicator of "handling bankruptcy".Based on the actual situation,China has also taken a series of measures,this article summarizes the legal norms related to the rule of law this year,especially for the policy documents related to "handling bankruptcy",and intends to discuss the existing measures and future development directions under the current norms.Then it is necessary to understand the practical dilemmas faced in practice,mainly including the drawbacks brought about by the election model;the unreasonable qualifications for the selection of the bankruptcy administrator,the qualifications for the selection of the administrator are not standardized enough,the structure is not reasonable enough,and the single selection method is difficult to achieve the goal of the best match;the lack of effective supervision of the administrator in the election process and the bankruptcy process affects the effect of the election;the absence of the interim administrator,and so on.These existing problems affect the process of optimizing the business environment in China,which is a difficult problem that needs to be solved urgently,so it is very crucial to analyze the causes of existing problems,and compare them horizontally with foreign areas to learn from the experience suitable for China’s actual situation.Finally,this paper elaborates on the particularity of optimizing the business environment from a legal perspective,and analyzes the reasons in detail from the perspective of the legal positioning of the bankruptcy administrator and the basis of responsibility.Compared with the experience of extraterritorial economies,suggestions are made from the optimization of the election model,the standardization of the selection qualifications,the clarification of the legal positioning of the administrator,the improvement of the remuneration system,the establishment of the temporary administrator system and the establishment of a supporting ecosystem for the appointment of managers.Through the analysis of the significance of the optimized business environment and the expected effects that can be achieved,the significance of improving the bankruptcy administrator appointment system is reflected.