Legal Analysis Of The Insolvency Administrator Of The Supervisory System

Due to the impact of financial crisis in2008, a lot of enterprises and factories in trouble, had to declare bankruptcy. Legal bankruptcy when dealing with economic bankruptcy debt settlement of the legal system,insolvent debtor by the court and supervision, forced to liquidate all of its property, fair settlement of the legal systems of all creditors. The nature of bankruptcy proceedings, general liquidation procedure between creditors in order to ensure fair and reasonable allocation to maximize and protect the legitimate rights and interests of the bankrupt’s bankruptcy property interests of the creditors, there must be independent and impartial third-party liquidation, disposition,management and distribution bankruptcy assets.Here by the third party that is common in countries bankruptcy administrator system.In this case, the new Enterprise Bankruptcy Law of the People’s Republic of China"has been widely applied at the same time the" Bankruptcy Law"problems emerged。China first introduced the system of the insolvency administrator, the insolvency administrator has a pivotal role in the insolvency proceedings.After the commencement of the bankruptcy, the bankrupt’s loss of civil rights and civil capacity, can not be other than civil activities in the liquidation, bankruptcy and insolvency property has a direct interest in the bankrupt’s own property, distribution,valuation and liquidation difficult to ensure the fairness and reasonableness of its activities;which requires the bankruptcy administrator to the liquidation activities.But how better to ensure that managers fair,just perform their duties insolvency administrator supervision system to solve an important task."Enterprise Bankruptcy Law,"in large part to the administrator of the formation of effective supervision,provides an institutional guarantee for bankruptcy just and efficient conduct. But the new law provides for a more managers principle.In the insolvency proceedings in science, comprehensive administrator of the system of supervision has good theoretical significance and practical significance to improve the domestic managers supervision system and better guidance to the bankruptcy practice.