The Research And Analysis Of Legal Status Of China's Insolvency Administrator

The legal status of insolvency administrator determines its rights, duties, responsibilities and the legal effects of its action in the bankruptcy liquidation affairs as well as its relations with the Court, bankruptcy, creditors, meeting of creditors (including creditors committee) and bankruptcy-related third parties. People's Republic of China Enterprise Bankruptcy Law (hereinafter referred to as the bankruptcy law) particularizes the specific rights and obligations of the insolvency administrator ,but the relationship between bankruptcy-related parties, somewhat stipulated, are still not clear enough, and the concept and legal status of administrator are also not clear-general. How to deal with the specific legal affairs other than clearly defined responsibilities in the bankruptcy ? What is based on " the other duties thought by people's court " ? What are the basis of,and how to determine the effectiveness of, administrator's acts outside the responsibilities cited by law and determined by people's court? It is still on dispute that who should commit the legal consequences outside the legal responsibilities. The unification of all disputes is determined by the legal status of administrator. Therefore, it is much valuable to the bankruptcy practice to research and analyse the legal status of insolvency administrator. The paper aims at exploring different aspects and comprehensive unification of legal status of bankruptcy administrator in order to reveal the nature of insolvency administrator's legal status through critically studying the theory and the case of domestic and foreign insolvency administrator's legal status and the administrator's duties, rights and responsibilities as well as the relationship between bankruptcy-involved parties provided by "Bankruptcy Law". Study concluded that insolvency administrator is of neutrality, independence and safeguarding legitimate rights and interests of all parties. My research results are on the aspects to safeguard the legitimate rights and interests of all parties..