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The Legal Issue of Bankruptcy Administrator

Author: WangQiZuo
Tutor: WangBaoShu
School: Tsinghua University
Course: Law
Keywords: Bankruptcy Law Bankruptcy Administrator Legal Status Legal Issues
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 112
Quote: 0
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Abstract

Since the implementation of the Enterprise Bankruptcy Law, bankruptcy administrator is not only one of the widely discussed topics, but it is also the most important institute in the practice of bankrupt proceedings. In those countries where bankruptcy law is well-developed, bankruptcy administrator was established years back. As for Chinese Bankruptcy Law which draws reference from foreign legal system, the importance of this institution need not be mentioned; also it also acts as a symbol for Chinese Commercial Law become in line with international legal system. Therefore the legal status and legal matters of bankruptcy administrator become a very important topic in bankruptcy proceeding. Bankruptcy Administrator is the execution institution which handles bankruptcy estate management, disposition, and coordination; thus it separates itself away from the bankruptcy estate interest. The fairness of Bankruptcy Administrator directly influences effectiveness of the bankruptcy proceeding and the interest of the creditors. Up till now, the study of Bankruptcy Administrator is mainly focus on institutional research, thus creating wide discussion among administrator system, right and obligation; nevertheless, the author thinks institutional research often neglects many obstacles in real case implementations. The article is to emphasize on Bankruptcy Administrator’s theory evolution, legal status and supervisory mechanism in order to improve the overall system of Bankruptcy Administrator.Based on the originality of Chinese Bankruptcy Law, the author extends the research on refining the legal status and related legal issues. By comparing various cases of legislation process with the integration of China’s special environment, the author analyzes Bankruptcy Administrator system from various point of views.First chapter focuses on the comprehension of Bankruptcy Administrator policy and author’s outline of this article by providing a direction for the reader.The second chapter introduces and compares the concept of Bankruptcy Administrator and their evolution over the past years in various countries. Moreover, it also focuses on analyzing the Bankruptcy Administrator and Liquidation Group policies, with the purpose of building groundwork for further research. While at the same it also clarifies between foreign bankruptcy legislation and Chinese laws.The third chapter focuses on the discussion and reassessment on the legal status of Bankruptcy Administrator. With the discussion of agency theory, functions doctrine, dissolving party theory, managing ethics theory and Anglo-American trust theory, the author organize and analyze the similarities and differences.The fourth chapter focuses on the supervision of Bankruptcy Administrator. Because Bankruptcy Administrator manages the insolvency estate and coordinates insolvency proceeding, one is granted with legal obligations. On another note, because all illegal activities are contained by law enforcement agencies, it is crucial that Bankruptcy Administrator, who is granted with great duties and enormous monetary interests, must be closely supervised. The author will focus on comparing the internal and external control supervision and present her own opinion on the law enforcement agency.The final chapter will focus on author’s suggestion on perfecting Bankruptcy Administrator policy. Bankruptcy Administrator is a very important breakthrough in Corporate Bankruptcy Law, and Bankruptcy Administrator is a very crucial role in conducting the bankruptcy proceedings. Looking back on the intention of such legislation, the establishment of Bankruptcy Administrator is widely anticipated. Therefore it is important to realize the establishment is not the finish line for bankruptcy law reform, instead it is the beginning of perfecting market economy. With never ending changes in the socialist market economy, Bankruptcy Administrator policy should be developed according to the society.

The Legal Issue of Bankruptcy Administrator

Abstract

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