Bankruptcy Administrator System Research

During the bankrupt procedure, the insolvency practitioner is playinga very important and irreplaceable role in the bankrupt procedure. Theimprovement of the insolvency practitioner system is closely related tothe execution of a fair, organized and efficient bankrupt procedure aswell as the realization of the purpose of the bankrupt system. Due to thespecific historical and social background of China, the Chinese BankruptLaw is obviously insufficient in terms of the insolvency practitionersystem. And the new Bankrupt Law needs to go into particulars. Based onthe discussion of the legal value and legal concept of the insolvencypractitioner system and through the comparison with the similar systemsof other countries and the present situation in China, this essay aimsto put forward some constructive suggestions regarding the legalizationof the insolvency practitioner system in China.Part One: IntroductionGeneralize the theoretical and practical significance of this essay;set out the purpose and method of this essay.Part Two: Summarization of the Insolvency Practitioner SystemThis part is a general introduction to the insolvency practitionersystem. It introduces the concept, origin and development of theinsolvency practitioner system.Part Three: Jural Status of the Insolvency PractitionerThe writer puts forward the opinion about the issue based on theanalyzing the international and native theoreticians' different theoriesabout the jural status of the insolvency practitioner.Part Four: Appointing and Abdication of the Insolvency PractitionerDiscussing about the qualification of the insolvency practitioner;the appointing authority and the appointing procedure, part two mainlydiscusses the insufficiency of the present Chinese insolvencypractitioner system in terms of qualification, timing, and etc. It's alsosuggested that we should establish the temporary insolvency practitionersystem because we adopt the principle that the acceptance of the lawsuitby the court is the prerequisite to the commencement of the bankrupt procedure.Part Five: Rights and Responsibilities of the Insolvency PractitionerPart Five is divided into two parts. The first part based on variousaspects such as the occupation, management and disposal of the bankruptproperties, the operational management of the debtor and the sale of thebankrupt properties, probes in the responsibilities of the insolvencypractitioner. The second part introduces the responsibilities of theinsolvency practitioner, by making a comparison to the responsibilitiesof the insolvency practitioner systems in other countries, we shouldimprove the responsibility system which contains civil administrativecriminal and secured responsibilities in order to urge the insolvencypractitioner to perform its responsibilities more effectively.Part Six: Supervision Mechanism of the Insolvency PractitionerProviding appropriate supervision to the insolvency practitioner isthe key to ensure the success of the bankrupt procedure. This part of theessay circles aroundthe mechanisms of the supervision to the insolvencypractitioner. Combining different legalization in different countries,part four discusses the mechanisms of supervision from the court, creditorcommittee and the industry and also suggests that we should establish amulti supervision mechanism to the insolvency practitioner in China.Part seven: Conclusion.