Research On The Legal Regulation Of Bankruptcy Administrators’ Association Under The Amendment Of Bankruptcy Law

Since the promulgation of the current Enterprise Bankruptcy Law of the People’s Republic of China,it has provided solid legal support for the healthy operation of the exit mechanism of market entities.However,with the development and transformation of China’s social economy,many drawbacks have been exposed in the implementation of the bankruptcy law,which is increasingly incompatible with the current situation of the market economy.In recent years,the country’s requirements for a business environment have become increasingly high,and a series of relevant documents have been issued to promote the optimization of the business environment.On May 30,2023,the Standing Committee of the National People’s Congress released the 2023 legislative work plan,and the revision of the Enterprise Bankruptcy Law of the People’s Republic of China was included in the preparatory review project.In order to improve the quality of legislative amendments and promote effective legal reform and implementation,the improvement of the bankruptcy administrator association system has received special attention in this revision of the bankruptcy law.In the process of building the bankruptcy administrator team,the Bankruptcy Administrator Association has played a positive role in promoting the optimization of the business environment,the improvement of the bankruptcy rule of law,the revitalization of market entities,and the improvement of market exit mechanisms by leveraging its professional and independent characteristics,standardizing and guiding the construction of the bankruptcy administrator team,and improving the efficiency of handling bankruptcy cases.However,many problems have been exposed during the construction process of the Bankruptcy Administrators Association in China,which hinders the healthy development of the Bankruptcy Administrators Association.Therefore,further strengthening the construction of the bankruptcy administrator association and improving the corresponding legal system is an inevitable requirement for enhancing the activity of market entities and achieving high-quality economic development in China.It is also an essential part of improving the rule of law in bankruptcy.This article takes the legal regulation of the Bankruptcy Administrator Association under the revision of the Bankruptcy Law as the research object.Firstly,it elaborates on the legal connotation,characteristics,sources of power,and legal functions of the Bankruptcy Administrator Association from a theoretical perspective,enriching the theoretical foundation of the Bankruptcy Administrator Association.Secondly,based on the current situation of legal regulation of bankruptcy administrator associations in China,the main problems in the current legal regulation of bankruptcy administrator associations in China are proposed from the aspects of legal system,operational system,legal functions,etc.This includes incomplete legislation,chaotic operational system,weakened legal functions,especially the absence of election rights,imperfect disciplinary powers in the industry,and unscientific rights protection mechanisms,which have led to the inability of the management association to effectively promote the development of the management team and the improvement of bankruptcy law.Finally,based on the background of the revision of China’s bankruptcy law,this article proposes ways to improve the legal regulation of bankruptcy administrator associations from aspects such as improving legislation,constructing a sound operational system for administrator associations,granting them the right to elect,improving the disciplinary power of the administrator association industry,strengthening the rights protection mechanism of the administrator association,and deepening the legal function of promoting the development of bankruptcy rule of law.This article,through literature research and other research methods,proposes relevant suggestions on how to improve the legal regulation of bankruptcy administrator associations that are suitable for China’s national conditions,in order to explore a suitable legal regulation path for bankruptcy administrator associations in China.