Concerning Bankruptcy Administrator Of Practice Liability Insurance System

Along with the People's Republic of China on enterprise bankruptcy issued, with a strong administrative liquidation team of color quietly exit the stage of history, the system of bankruptcy system, become with international legislation instead connected a important symbol. "Bankruptcy law implementation in three years, the administrator with its professional and strong, relatively independent features, such as the bankruptcy liquidation plays an active role. However bankruptcy administrator work has higher risk, carelessly a bit might give the bankrupt enterprise bring heavy losses and bankruptcy administrator will also faced huge compensation. To transfer the practicing risk bankruptcy administrator, "bankruptcy law stipulates the bankruptcy administrator practice liability insurance system. For natural bankruptcy administrator is concerned, practice liability insurance belongs to compulsory insurance, other bankruptcy administrator can choose whether to buy the practice liability insurance.Bankruptcy administrator practice liability insurance as a new plant, still in the research experimental stage. At present domestic studies in this field is just at the beginning, only a few of article academic achievements, also introductory primarily, without too much system innovation, the lack of systematic research. The lack of theoretical research results greatly limits the bankruptcy administrator practice liability insurance in practical application. In view of this, this paper introduces bankruptcy administrator practice liability insurance system, by analyzing the basic theories of foreign bankruptcy administrator practice liability insurance system in legislation and practice, and then put forward to build our bankruptcy administrator practice liability insurance system in practice.The result of this paper mainly include:1,shall by insurant as bankruptcy administrator practice liability insurance of the applicant. In comparison with circles for bankruptcy administrator practice liability insurance of policy-holder different views on the basis of the author's viewpoint, clarify and reason. Bankruptcy administrator is practice liability insurance insurant and the indirect beneficiary beneficiary, behoove by its for buying their own risks. China's other practice liability insurance of policy-holder are insured. Bankruptcy administrator of the pay was relatively rich, while the bankrupt enterprise usually based on the principles of fairness, debt, should by the bankruptcy administrator pay insurance premium. On the other hand, in bankruptcy administrator as policy-holder is also advantageous natural bankruptcy system promotion and implementation.2,clear the bankruptcy administrator practice liability insurance compensation scope. General duty behavior caused by units shall bear the consequence should be, but bankruptcy administrator in practice and place unit not applicable employment relationship, so bankruptcy administrator of duty behavior should belong to bankruptcy administrator practice liability insurance compensation scope, Bankruptcy administrator contract responsibility for the bankruptcy expenses will usually be in bankruptcy property prior to liquidation, and thus bankruptcy administrator practice liability insurance compensation scope shall not cover contract responsibility; Because of different trades of different bankruptcy administrator professional master degree of the endless and same, are difficult to be determined its fault degree, thus bankruptcy administrator practice liability insurance compensation range should also contains general fault and gross negligence.3,bankruptcy administrator practice liability insurance unfavorable design of the underwriter subrogation. If the underwriter enjoy practice liability insurance of subrogation, the insured's ultimate purpose will fall to the ground. Subrogation system, the lack of may lead to the insured, the insurer may of the moral risk through designing disclaimer remedy system lack, still can establish insurance company and bankruptcy administrator special joint liability, bankruptcy administrator in compensation to the insurer may not recover, conversely the recovery.4,From the legal Angle to bankruptcy administrator practice liability insurance pricing in risk analysis, proposed insurance rate shall determine the notices. Risk insured against, professional risk and moral hazard are widespread in the bankruptcy administrator practice liability insurance, can pass design differential cost rate to circumvent the risk.。5,Analysis "bankruptcy law and the lawyers law, the registered accountants law in conclude bankruptcy administrator practice liability under the insurance contract on the conflict, and proposes the solution repeat insurance scheme. Shall set up a bankruptcy administrator association and bankruptcy administrator practice liability appraisal committee institution, etc, solve the conflict of laws and repeat insurance problems. Insurance company still can design special rates to encourage bankruptcy administrator shall be separately purchase professional practice liability insurance.Implement bankruptcy administrator practice liability insurance is an important and complex task, need to circ, insurance companies and other related departments of collaboration. To better safeguard the bankruptcy system implementation, can be considered by the bankruptcy administrator beforehand pay deposit.