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Election System of the insolvency administrator

Author: LiuFanQiang
Tutor: WangShiHu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Insolvency administrator Bankruptcy Trustees elected Election time Methods of selection Elected range Elected qualifications Elected persons
CLC: D922.291.92
Type: Master's thesis
Year: 2008
Downloads: 162
Quote: 2
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Abstract

Bankruptcy system is unable to repay the debt to clean up the property of the debtor, creditors through bankruptcy proceedings leaving a fair settlement of the legal system, this system has provided a guarantee fair credit and debt, and ultimately the way. Thus, in the modern social and economic life, insolvency law has a very important position. Our Bankruptcy Law Established in the mid 1980s, with China's accession to WTO, the domestic economic reform to further deepen and private enterprises continue to grow, Bankruptcy Law plays an increasingly important role. Bankruptcy Law original inherent deficiencies it has been unable to meet the needs of economic development, and even to some extent hindered the economic development. In this context, the new bankruptcy law came into being. The law based on the needs of our trial practice and insolvency legislation in developed countries to fully draw on the experience of one of its major breakthrough was the introduction of a bankruptcy administrator system. This is China's Enterprise Bankruptcy Law in an entirely new system, both in theory and judicial practice are relatively new to this system, and the insolvency administrator in the bankruptcy process and plays an important role, directly related to the general body of creditors the vital interests as well as the realization of the ultimate goal of the insolvency proceedings. Therefore, the response to the insolvency administrator and its associated regime given high priority, in theory it should be straightened out to clarify the various legal relationships, and foreign insolvency administrator comparative study of related systems, and thus the system has a comprehensive understanding and grasp, which will help China improve the bankruptcy administrator system theory, but also will help to better understand the judicial practice applicable insolvency regime, bankruptcy administrator system to play its due effect. In the bankruptcy administrator, the insolvency administrator election system is a very important part, it is the insolvency administrator to run the first link mechanism, not only determines whether the bankruptcy administrator in the insolvency proceeding properly perform their duties , but also determines the supervision of the insolvency administrator mode, and other related systems, so a systematic study of this system has a very important theoretical and practical significance. The first part of the system from bankruptcy administrator fundamental problems, we first of all through the Roman era tube fiscal command system gradually evolved into a modern insolvency regime retrospective history, examines the bankruptcy administrator system and its historical origins evolution; Then the insolvency administrator concepts and characteristics were analyzed by using the developed insolvency legislation, in different titles and the relevant provisions of the insolvency administrator to make the analysis and comparison, the insolvency administrator defined broadly as follows: after insolvency proceedings in accordance with legal procedures appoint competent authorities in charge of the estate custody, clearing, assessment, treatment and distribution and all bankruptcy matters independent organization. Meanwhile, a comprehensive analysis introduces the insolvency administrator has the independence, impartiality, when leaving, professionalism and service characteristics, and strive to form a rational understanding of the insolvency administrator and to further understand and master the concept of insolvency; final on the legal status of the bankruptcy administrator bankruptcy administrator system in the most theoretical question using comparative analysis, respectively, of the insolvency administrator in the civil law and common law legal status of the legal status of the bankruptcy administrator were reviewed and evaluation of the civil law legal status of insolvency problems of the mainstream doctrine agency said positions, said bankruptcy estate representative said, regulatory agencies and the common law legal say in the trust relationship, and many say that the doctrine of the advantages and disadvantages for a detailed description and assessment, and introduced China's new bankruptcy law bankruptcy administrator legislative process on the legal status of the existence of the statutory body, said the dispute with the creditor representatives said the legal status of the insolvency administrator and the insolvency administrator of elective system, thereby boot into later elected regime for insolvency specific research, but also for the commencement of the discussion paper provides a theoretical background. The second part of the article on the bankruptcy administrator selection system to carry out comprehensive and detailed manner Comparison and Analysis, the first time to discuss the election of the insolvency administrator, the insolvency application (acceptance) Start capitalist countries and bankruptcy filings (accept) the insolvency administrator capitalist countries began elective time a comparative analysis of different provisions, and the relevant provisions of China's commentary; followed by the election of the insolvency administrator discussed ways to compare the elective court, the creditors' meeting elected and elected two-track advantages and disadvantages of the three modes, but also to out on the relevant provisions of our thinking; then discusses the scope of the insolvency administrator elected to introduce the practice of States in the presence of natural persons as an insolvency administrator and the insolvency administrator as a natural or legal practice, and commentary related to China's judicial practice; further After the election of the insolvency administrator discussed eligibility qualifications from a positive and negative, respectively, the two aspects of foreign qualifications for elective eligibility requirements for comparative analysis, and expounded on China's judicial practice related knowledge; finally discusses the insolvency administrator elected persons, Analysis the election of a man manager and appoint an administrator is a principle, if necessary, may elect several modes, and the relevant provisions of commentary. Comparison and Analysis of the above realization of the bankruptcy administrator Election System fully understand and grasp. Finally, part of the current judicial practice in our country made the existing bankruptcy law and the relevant judicial interpretation (especially the \issues, including: establishment of a temporary administrator system, the Court elected supervision problem, specify the liquidation group manager issues, professional bodies elected, foster manager qualification examination system problems, roster problems and the same manager and administrator Case managers several issues, problems on the basis of the analysis put forward suggestions how to improve these problems, in order to improve the existing election system bankruptcy administrator to provide reference and help, eventually and gradually establish a set suitable for China, and social requirements of the development of the socialist market economic system, the insolvency administrator elected.

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