Research On The Legal Regulation Of The Bankruptcy Administrator Misconduct

This paper comes from the author’s reflection on the practically implementalprocess of Bankruptcy Law System, the deficiency of the constraint on mechanism ofthe improperly managemental behavior and the lack of legislation of some bankruptcyadministrators. Although the bankruptcy law system of our country has borrowedadvanced system and brought in the mechanism of bankruptcy administrators fromContinental law system and Anglo-American law system,here are still much unclearexplanation and description of either the nature or the constraints of the improper actsof bankruptcy administrators.It is very important to clarify the problem of theprotection of the interests of the interested parties of the bankruptcy cases and theinterests of social public,and meanwhile it is also favorable for the conversion of trailmood.This paper will emphatically analyze the following aspects:Part I: the essential connotations and the system values of the bankruptcyadministrators.This part will adopt the historical method to sketch the derivation ofbankruptcy administrators and the analysis of the personal characteristics and thebeing value of the bankruptcy administrators so that we can find the bankruptcyadministrators’ deep links with bankruptcy law at the same time make clear theimportance of bankruptcy law system. In this part, the author proposes the complexityof the bankruptcy process and the multiformity of the relevant content.We are notsupposed to generalize the process nature of bankruptcy administrators, but analyzeand determine it according to the different parts it stands so that we can distinguishsuch a new viewpoint from the previous understanding.Part II: this part will apply the analyzing method of comparison to discuss thenature and forms of the improper acts of bankruptcy administrators by analyzing theobligation the bankruptcy administrators should have undertaken.Just like the firstpart mentioned, we should differentiate the nature of improper acts on the basis ofdifferent stages the bankruptcy administrators stand when it is necessary to analyze it,and therefore the author put forward a point to distinguish them from each other inorder to ensure the correctness and logicality of theory.Part III: this part mainly uses the comparative approach to analyze the defects ofthe constraint system of the improper acts of bankruptcy administrators in our country.And it analyzes the main reasons for the insufficient of the constraint systemof the improper acts of the bankruptcy administrators in our country from threeaspects, which mainly consist of the void of responsibility system, the imperfect ofsupervision and restraint mechanism and the disadvantages of bankruptcyadministrators selection mechanism.Part IV: this part mainly proposes the methods to solve the problem from threeaspects, which include the introduction of related procedural provisions, theestablishment of a professional supervision team, a clear improper act of thebankruptcy administrators of legal liability and the perfection of the related system.Eventually it draws the necessity and importance of improving improper acts of thebankruptcy administrators legally binding mechanism. In order to maintain the marketorder, they must supervise the Steering to enter and exit the competition orderly,maintain the legitimate interests of the market participated in the main body and thestability of society.