On The Legal Status Of China's Insolvency Administrator

The procedure of bankruptcy is a generally forceful execution on the debtor's whole property, when the debtor can not pay off with his whole property, and its purpose is to let all creditors get fair payment. The bankruptcy administrator is a special agency in charge of property managing and handling. Its legal status concerns with the design of concrete system, and further influences the realization of the target value of bankruptcy procedure. So the legal status of bankruptcy administrators is a theoretical problem which has significantly practical meanings.As the'Bankruptcy Law'is being passed, this dissertation tries to analyze the legal status of bankruptcy administrators in our country, break the ice and offer references to further research.First, the author introduces the particularity of bankruptcy procedure, the function of the bankruptcy administrator and the significance of this research.Second, after introducing and analyzing the shortage of domestic and foreign theories, the author points out that the legal status of administrators is decided by the legislation target, which is then supported by demonstrating the developmental trail of bankruptcy law, and further more, by illustrating the"Bankruptcy Law"currently in effect. Subsequently, by introducing the historical evolution of purpose of bankruptcy laws, the author points that the"society standard pattern"has been becoming the trend around the world.At last, the author gives the analysis of the legislation target of the new"bankruptcy law", and believes this target, which fits both the domestic and international circumstance, will ascertain the legal status bankruptcy administrator in our country should deserve. So does the systemic design of the new"Bankruptcy Law"fit this target? After the analysis, the author gives a positive answer. However, there are still some unclear regulations because of which the author puts forward legislative proposals.The following are the most remarkable features of the dissertation:i) Studying the legal status of bankruptcy administrators from the point of legislative purpose and demonstrating the historical development of Bankruptcy Law and the current Bankruptcy Law of our country.ii) Analyzing the properness of reference to trustee institution with the independence, neutrality, and specialization of trustee in bankruptcy.iii) Considering the legislation target of new law and the legal status of bankruptcy administrators, and giving suggestions on legislation.