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Insolvency administrator selection system

Author: LiGuiPing
Tutor: DuanWei
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: Go bankrupt Insolvency administrator Insolvency administrator elected
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract

The bankruptcy administrator, in accordance with bankruptcy law, responsible for the administration of the estate in bankruptcy proceedings, disposition, specialized agencies of the business as well as the development and implementation of the program of bankruptcy affairs. Insolvency administrator is a crucial participant in the bankruptcy system, whether bankruptcy proceedings can be fair, impartial and efficient conduct of the bankruptcy claims Can you get a fair repayment, the legitimate rights and interests of the parties in the bankruptcy proceedings ability to get a reasonable protection is closely related to the bankruptcy administrator. The appointment of the insolvency administrator is the most important issue of the bankruptcy administrator, who is elected, the election of any person to the insolvency administrator, how elected will directly determine whether the insolvency administrator in the bankruptcy proceedings in fair, impartial, efficient exercise responsibilities. The author in the study, research, summarize their predecessors on the basis of existing research results, understanding of the bankruptcy administrator of elective system of basic basic connotation, and by comparing China and other countries and regions, the legislative provisions on insolvency administrator elective system and the status of implementation of in order to provide experience and lessons learned for the constant improvement of the system of the insolvency administrator elected. Author Marxist philosophy as a guide, as the fundamental method to materialist dialectics, the specific application of historical analysis, comparative analysis and other specific methods, the extensive collection of literature related to the insolvency administrator elective system at home and abroad and literature carefully and classified on the basis of, put forward their own suggestions for improvement of our insolvency administrator elected regime elected body, the qualifications, elective procedures, elected relief. Apart from the preface and epilogue, is divided into five parts: The first part of the concept from the insolvency administrator paper first examines the historical origins of the insolvency administrator and its evolution; comprehensive introduction and analysis of the neutrality of the insolvency administrator, three characteristics of professionalism and independence, neutrality and the relative independence of the service in the fair value of the bankruptcy law, professional services in the efficiency of the value of the bankruptcy law; Finally, a brief introduction of the insolvency administrator elected regime connotation and our Official the origins of the human system, which lead into the the later insolvency administrator elected regime, also provides a theoretical background for the exposition of the text after the commencement. The second part of the study of the elected body of the insolvency administrator. The insolvency administrator who decides the candidates is the most important issue of the insolvency administrator elected regime. The bankruptcy administrator elected body in the world within four main legislative mode, ie Court Elected mode, the creditors' meeting elected mode, Compromise, and the appointment of the executive authorities mode. The article four modes were introduced and analyzed, and the mode of the Court elected Comment. The paper argues that our country can be taken as the leading mode of the creditors' meeting, a meeting of creditors led mode is more conducive to the protection of the interests of the creditors of the bankrupt, to maintain a balance of interests in the bankruptcy proceedings. Elective qualification of the third part discusses the insolvency administrator, who can be elected to the insolvency administrator. The article first comparative study and analysis of the relevant provisions of certain countries and regions, from the positive the qualification and negative qualifications two to improve some of our insolvency administrator elected eligibility; then introduced the current legislation positive qualifications about the insolvency administrator, the relevant provisions of the negative qualifications and the insolvency administrator roster system, analyzes some drawbacks; Finally, these defects, the paper proposes to cancel the liquidation group system, improve the system of qualification of the insolvency administrator, improve bankruptcy Manager rosters degree of democratization specific suggestions for improvement. Part IV discusses the the insolvency administrator elective procedures, discusses the manner specified insolvency administrator, evading the question of the designation process, the Insolvency Assignee certificate as well as the insolvency administrator Announcement problem, discusses the insolvency administrator elective procedures The Dismissal and resigned problem leads a hot issue in the bankruptcy system in China - whether to establish a system of provisional insolvency administrator. This article intends to build Elected led a meeting of creditors, the court-assisted mode, the insolvency administrator is elected by the creditors' meeting. Then convene a meeting of creditors and elect before the insolvency administrator, temporary insolvency administrator is essential in order to preserve the bankrupt property, the proposed set temporary insolvency administrator in the bankruptcy law in China. The fifth part elective relief issues involving the insolvency administrator, the insolvency administrator in the three modes of elective elective relief, a brief introduction of the relevant provisions of the appointment of the insolvency administrator relief. The paper argues that the take as the leading mode of the creditors 'meeting, the creditors' meeting elected mode, supplement elected by the court to protect the interested person the right to dissent and the Court of Audit supervision of three ways to achieve the insolvency administrator elective relief.

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