| With the rapid development of the market economy,the downward pressure on the domestic economy has increased,and many individuals and families have fallen into debt crisis.In order to further smooth the exit channels of market entities and provide relief channels for debtors trapped in debt quagmire,the construction of a personal bankruptcy system is imperative.The personal bankruptcy administrator system is an important part of the personal bankruptcy system,and the personal bankruptcy administrator runs through the entire process of personal bankruptcy procedures and occupies a core position.Therefore,the study of the personal bankruptcy administrator system can accelerate the establishment of a national personal bankruptcy system.At present,China has not yet established a national-level personal bankruptcy system,but in practice,various pilot works of the personal bankruptcy system are being carried out in an orderly manner and have achieved many results,providing a model for the construction of the bankruptcy administrator system.However,the personal bankruptcy administrator system has also exposed many problems in practice: the legal status of the personal bankruptcy administrator is not clear;The jury is still out on the establishment of a public administrator;The application of individual type managers has not been implemented;lack of qualifications for personal insolvency administrators;Poor channels for the performance of duties by individual bankruptcy administrators;It is no longer appropriate for the court to appoint and manage personal bankruptcy administrators with reference to the Enterprise Bankruptcy Law,and the method of selection is also very easy to generate power rent-seeking;The remuneration scheme of individual insolvency representatives is not clear,and their income is not guaranteed,so that their enthusiasm to participate in personal bankruptcy cases is not high.Therefore,we should base ourselves on the practice of various places,learn from the experience of the overseas personal bankruptcy administrator system,and establish an administrator system suitable for China’s personal bankruptcy procedures.After clarifying the legal status of the individual bankruptcy administrator as an independent subject,the construction of the personal bankruptcy administrator system is envisaged as follows: setting up a public administrator to rescue debtors who have "no property to bankrupt";Promote the use of individual types of administrators in personal bankruptcy proceedings and strongly support their participation in personal bankruptcy proceedings;Strengthen the qualification requirements for personal insolvency administrators;Clear the channels for individual bankruptcy administrators to perform their duties,clarify the functions and powers of individual bankruptcy administrators by law,and set obligations for relevant entities to assist administrators in performing their duties;Establish a variety of selection models for personal bankruptcy administrators,entrust the choice to the central bankruptcy administration department,and combine multiple selection methods to choose the optimal administrator of the case;Clarify the remuneration payment plan of individual bankruptcy administrators,which should be mainly based on ensuring cost recovery,supplemented by opportunity incentives to stimulate their enthusiasm for performing their duties;Establish a complete management system for individual bankruptcy administrators,establish bankruptcy administration departments and individual bankruptcy administrator associations,and complement each other to manage them,including roster preparation and management,qualification review,organizational experience exchange and business training.With a view to establishing a sound system of personal bankruptcy administrators,it is necessary to realize the due value of the personal bankruptcy system. |
