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On the regulation of the insolvency administrator

Author: ChenHangCheng
Tutor: GuanXiaoFeng
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Insolvency administrator The Manager election mechanism Manager oversight mechanisms Manager's responsibility mechanism
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 173
Quote: 1
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Abstract

\the administrator system and take the Manager centrism, to replace the original system of liquidation, the insolvency administrator system toward market-oriented and rule of law in the direction of a major step forward. Department of insolvency trustee, a legally independent from the court, the creditors, the debtor's position, with its own name, the bankruptcy trustee handling affairs of the debtor's property management, the implementation of price change on the property and the allocation of work. Managers a clear legal status to fulfill its mandate, to fulfill their obligations and bear the responsibility of the premise. In the clear legal status of the Manager, the proposed regulatory regime for insolvency overall vision to the insolvency administrator to exercise management authority for the sector, divided into before regulation to fulfill its mandate to fulfill and perform among the regulatory regulation after . Covers Manager Qualifications and election of managers oversight and responsibility and so on. \First, managers should in principle have the expertise to act as intermediary institutions or individuals, should also be set to meet the legal conditions for the positive and negative conditions. Second, China's insolvency administrator for the Court elected election mode type, the creditor is entitled to challenge. This section identifies the two perspectives: First, the liquidation group in nature is still a keeper, and managers have independent status, therefore, the committee's independent status is not due to the liquidation of the members of the administrative weakened colors, Elected a member of the liquidation group still meet the \Second, the main building to the court, the creditors' meeting, supplemented by elective mode. Right thing in the insolvency administrator regulation refers to the specific case of insolvency court appointed trustee, the manager of the oversight body for the performance of duties of supervision. \Court-supervised mode has a non-professional, limited judicial resources, the limitations of other methods of supervision shortcomings. Indirect supervision of the creditors fully into account the legislative model for managers effective control of creditors, giving creditors a variety of ways for managers to regulate the behavior of the right, but its shortcomings are still more obvious, such as non-permanent, non-professional, interests, and so biased. Therefore, this article suggests the main parties involved in building a multi-level monitoring mode. In moderate supervision principle, the principle of multi-monitor, diverse supervision under the guidance of the principle, to upgrade its existing court supervision, the introduction of specialized administrative supervision, building industry self-regulatory mechanism, while strengthening stakeholder oversight. Later on insolvency administrator regulation is mainly reflected in the insolvency law of the insolvency administrator shall be liable on provisions. \To regulate the behavior of the insolvency administrator, the Act also provides for civil and criminal liability related. However, the provisions are too principles, law enforcement and accountability with the way the body are uncertain, and responsibilities under the current law single form. To improve the insolvency administrator liability system, this paper first discusses the responsibility of building managers need to address the problem of two front, one is the manager of legal obligations, the other is a clear legal status independent of the Manager. On this basis, the first standardized civil liability, as the manager responsible for the main form, the nature of their responsibilities must be clear, components, bear form and Limitation of Liability. Meanwhile, from the current criminal law point of view, and not specifically for managers crime committed clear legal provisions in the revised Criminal Code, it is recommended to add a special legal provisions for bankruptcy crime, clearly identifying the species and criminal legal punishment. In addition, I think we should build other liability system as a supplement, mainly the introduction of administrative responsibility, a clear industry self-disciplinary organization, improve the court for compulsory measures three aspects.

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