A Study On The Supervising Mechanism Of Insolvency Administrator

August 27, 2006, the Tenth National People's Congress Standing Committee meeting to the twenty-third majority vote, adopted a new corporate bankruptcy law. This was June 1, 2007 come into operation. The new Enterprise Bankruptcy Law in comparison to the old law has been great progress, there is a lot of innovation, the new administrator of the system of bankruptcy is one of them. Insolvency administrator in the insolvency proceedings, the debtor's business and take full responsibility for the custody of the debtor's property, clean-up, valuation, processing and distribution and other services, its powers are self-evident. Insolvency administrator in order to prevent the abuse of power for personal gain hands to protect the legitimate justice insolvency proceedings, the more the protection of the bankruptcy proceedings related to the interests of stakeholders, we must form an effective monitoring mechanism, the power of the insolvency administrator to form an effective constraint. In addition to the introduction of this article, the total consists of five parts.The first part, the insolvency administrator fundamental question monitoring system. First of all, the concept of the insolvency administrator to define the administrator of the bankruptcy system to make a brief history of the introduction; followed by the insolvency administrator to explore the legal status of the introduction of domestic and foreign, respectively, of the insolvency administrator of the legal status of a number of theories on the liquidation of our country group and the administrator of the nature of the position of our country the legal status of the insolvency administrator of the importance of re-positioning.The second part of the insolvency administrator set up a sound system of the importance of supervision. Mainly to strengthen the supervision of the insolvency administrator to better achieve the insolvency proceedings aim of fair and efficient; help bankruptcy property protection and value-added, job-related crimes to prevent the insolvency administrator; of the insolvency administrator to carry out multi-level monitoring is bankrupt the basic experience ofpractice.Third part of the supervision system of foreign insolvency administrator and the comparative study of legislation. Introduction of this part of the first country outside the main legislative supervision system Example: the United Kingdom, the United States, Germany and Japan; Secondly, the monitoring mechanism of the foreign manager of a comparative study and analysis of its causes.The fourth part of our country insolvency administrator legislative oversight mechanisms and deficiencies in the status quo . First of all, the insolvency administrator of China's legislature to introduce the status quo; followed by the status quo in our country's legislation will be the comparison with foreign countries come to the inadequacy of the status quo in our country's legislation in order to improve our country come to the insolvency administrator of the need for monitoring mechanisms.The fifth part of the insolvency administrator oversight mechanisms to improve the legislative proposals. First, the insolvency administrator to recognize the legal status; Second, the main diversity of monitoring the formation of the external oversight mechanisms; Third, the refinement of Internal Oversight; Fourth, improve market access for the administrator in the insolvency system; Fifth, improve the responsibility.