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On the bankruptcy administrator system

Author: ZhangMiaoMiao
Tutor: LiuDan
School: China University of Political Science
Course: Economic Law
Keywords: Insolvency administrator Legal status Elected Responsibilities Injuring Responsibility
CLC: D922.291.92
Type: Master's thesis
Year: 2005
Downloads: 236
Quote: 3
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Abstract

The bankruptcy system for enterprises in market competition, for various reasons, are unable to repay maturing debt through restructuring, reconciliation or liquidation of statutory procedures to address the special regime of creditor-debtor relationship. Insolvency administrator is a crucial participant in the bankruptcy system, and whether the bankruptcy proceedings can be carried out smoothly on the basis of fair, equitable and efficient, whether bankruptcy claims can be just, fair and efficient settlement of the bankruptcy creditors and bankruptcy the legitimate rights and interests of the person's ability to be fair protection is closely related with the performance of the elected, qualifications and duties of the insolvency administrator. The bankruptcy administrator countries bankruptcy law, bankruptcy law in common law countries attach great importance to a system, the purpose of the system is trying to take over the property of the bankrupt and dealing with bankruptcy in the course of the proceedings by professionals familiar with the bankruptcy business the property-related transactions. However, since 1986 began the trial only applies to state-owned enterprise, the People's Republic of China on Enterprise Bankruptcy Law (Trial) \institutional provisions are very general, and there have been many problems in the actual operation, begin drafting new bankruptcy law from 1994 to now, has not yet officially announced the implementation, so this article from the philosophy of the legislation of the Bankruptcy Law, through the comparative analysis of Two Schools different countries and regions of different requirements and different theories about the bankruptcy administrator, bankruptcy administrator. The author analyzes the nature and legal status of the bankruptcy administrator, comparative analysis of the advantages and disadvantages of the different theories on the nature of the insolvency administrator at home and abroad, and to explain their point of view. The legal status of the bankruptcy administrator, I agree with \in the human system, the insolvency administrator as the representative organ of the bankruptcy estate, the bankruptcy estate as a trustee, bankrupt as trustee, creditors deemed as the beneficiary, on behalf of the bankruptcy estate for the ultimate benefit of the creditors by the bankruptcy administrator, accepted bankrupt's commission, the right to exercise the administration of the estate, disposition and distribution. The author of a comparative analysis of the different methods of selection of the countries under the insolvency administrator, the insolvency administrator, in consultation by a meeting of creditors and the bankrupt the consultation fails recommendations specified by the court, while the establishment of a temporary system of property managers, temporary property managers by the court specified; positive qualifications and negative qualification of the insolvency administrator and recommends specific provisions in the legislation of the the insolvency administrator unified qualification management, intermediaries establish various professionals, dedicated to providing bankruptcy services, bankruptcy intermediaries at the same time responsible for the creditors, bankruptcy and court; proposed legislation to clear the insolvency administrator in the insolvency proceedings shall comply with the general rules of obligation - the duty of care of a good administrator, discusses the bankruptcy, according to the bankruptcy administrator to require specific responsibilities; managers is not entirely a good administrator duty of care, the loss of benefits to interested parties should bear civil liability and

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