Talk About The Our Country The Selection Of The Insolvency Administrator

In2007the implementation of the "PRC Enterprise Bankruptcy Law"(hereinafter referred to as the new bankruptcy law) introduces the management system, This is the bankruptcy legislation of China and foreign legislative practice significant symbols. But because of the selection of bankruptcy administrator system is not mature enough, in practice there are some problems in the course of or. The bankruptcy trustee elected in the bankruptcy administrator system is a very important part of the debtor, creditors, related to the three party and social impact of the balance between. In the bankruptcy trustee in bankruptcy management elective, the designated person in relation to the bankruptcy trustee status and properties, the bankruptcy administrator access qualifications, related to the efficiency of market economy the maximum optimization. However, the new bankruptcy law in regard to the selection of bankruptcy administrator also lack a lot of specific provisions, there are also some defects. Consummates the bankrupt supervisor system, it is necessary to improve the bankruptcy management elective. The bankruptcy trustee elective including management elective subject, time, elective and selection of qualification, every link between bankruptcy system into full play. Due to the political system of our country and economic development background, our bankruptcy management choosing system also presents the judicial dominant characteristics. However, nowadays the enterprises bankruptcy compared to before, to a large extent is market behavior, the creditor, debtor in equal market position, has a corresponding interest demands. In the selection of bankruptcy administrator that affect their interests of the major issues are involved, the motive and reason. This article through to the present enterprise bankruptcy law interpretation, with a view to the trustee in bankruptcy system has more in-depth understanding, and to the bankruptcy administrator system as bit force.This paper is divided into four chapters. The first chapter from the bankruptcy trustee elective history set out, through the comparison of foreign and domestic selection of bankruptcy administrator in developing an understanding of the bankruptcy trustee nature of meaning, then analysis the bankruptcy trustee for elective implied value and function.The second chapter from the new enterprise bankruptcy law of the selection of bankruptcy administrator in China legislation defects, mainly introduced China s bankruptcy administrator selection mechanism, selection of the time, selection of qualification and the insolvency administrator management regulations.The third chapter analyzes our country bankruptcy management choosing legislative defect reason, hope that through it to a better understanding of the bankruptcy trustee in the whole of the action in market economy.The fourth chapter in the legislation of bankruptcy trustee elected put forward suggestions, mainly from the bankruptcy trustee in bankruptcy management must relates to the coordination of all aspects of importance to improve the proposal.