Selection system of the insolvency administrator

Summary: insolvency system is an important system of bankruptcy, insolvency administrator of this paper, the status and selection, qualifications, etc. the theoretical depth, combined with our judicial practice and theory and judicial practice from abroad, presented Some good suggestions that the principle of using court-appointed, elected, as supplemented by a meeting of creditors for elective mode of selection of a combination of both the insolvency administrator, temporary administrator of the system to establish the insolvency, bankruptcy cases in the People's Court accepted the same time, explicitly specified by the interim administrator to take over companies filed for bankruptcy in the manager's selection of qualified managers to implement on the qualification system, to achieve professional managers, specialized in the hope of Justice theory and practice of China's development, although modest means.

Keywords: insolvency / bankruptcy administrator status / Selection / Qualification

The implications and characteristics of a bankruptcy administrator
Managers the concept of broad and narrow sense, narrow sense, the bankruptcy administrator is the only job the liquidation proceedings, general manager in the reorganization procedures also assume management. <<Bankruptcy Law "> will be liquidated, reconciliation and re-merge the three stages of the provisions of the acceptance procedure, the manager accepting the case from the stArt of work across the three programs, so the manager of the generalized concept. insolvency administrator is "the process of insolvency proceedings in the administration of the estate is responsible for , disposition, business and bankruptcy program formulation and implementation of specialized agencies. "[1] In order to ensure fairness throughout the proceedings, the insolvency administrator must have the independent nature of the various interested pArties, neutrality, and the bankruptcy independent status in the program, but its independence is relative, subject to court supervision of the creditor committees.

The characteristics of the insolvency administrator
First, the insolvency administrator with relative independence. Insolvency administrator must have its own independent property, must be able to own name, according to their own means, according to an independent insolvency matters, must be able to independently assume responsibility for their actions of the Law. This independence is relative, the insolvency administrator in insolvency matters, but also by the supervisory authority from the court or the supervision, so as to ensure that its actions are consistent with established objectives.

Second, the insolvency administrator with neutrality. The one hand, the interests of insolvency proceedings against the entity in the interests of the various subjects of Law changes, it is neither representative of creditors, nor is it representative of the debtor, but the neutrality of the organization, On the other hand refers to the time the insolvency manager to deal with insolvency powers enjoyed, not based on the mandate of the court or a body, but on the Law, the insolvency administrator is responsible for Law, and not on the court or other pArties responsible.

Third, the insolvency administrator has the professional. Insolvency insolvency firm must have the necessary professional knowledge and ability, not only familiar with the legal knowledge, familiar with the provisions of bankruptcy laws and policies, but also familiar with the accounting business, with property management , clearing capabilities, but also familiar with the trade rules, but also have relevant industry experience and have appropriate practical experience, which is necessary for insolvency work is determined by the nature of work.

Second, the legal status of the bankruptcy administrator defined
For the legal status of the bankruptcy administrator, both at home and abroad, scholars, highly controversial, more intense Civil dispute, following several doctrines for a representative introduction to some of them put forward their own understanding of review.

(A bankruptcy administrator on the legal status of Civil law theory, there are large differences, mainly in the following three theories:
First, the bankrupt agent said that the insolvency administrator is the legal representative of the bankrupt, agent management and disposal of the bankrupt estate, and agents to exercise their rights the bankrupt, its agent, and the results are bankrupt. The said property in bankruptcy belongs to the subject of rights based on man-made bankrupt, that the declaration of bankruptcy, the bankrupt is only a temporary loss of the management and disposition of the estate and did not lose it as a title, the nature of the insolvency proceedings are liquidation procedures, in essence, a non-litigation procedure, the focus creditors of the bankrupt and the bankruptcy settlement between the private settlement of relations. insolvency administrator in the insolvency proceedings the insolvency act of the actual consequences of a pArty, and in any event not attributable to their own. [2] According to the different interests of the insolvency administrator agent, the agent say can be divided into: the bankrupt agent, said agent, said the creditors, bankruptcy and creditors common agency said.

I believe that the agent that also has its shortcomings, first, the insolvency administrator as an agent, an agent should be the name of the implementation of legal acts, but the bankruptcy administrator in the judicial practice, the implementation of legal acts is his name, let alone the same time as bankruptcy and creditors conflict of interest agent. Second, the insolvency administrator as an agent, and their legitimate reasons can not claim to be invalid or revocation of agent behavior by agents, insolvency laws are entitled to withdraw assigned to the insolvency administrator right. Third, the insolvency administrator of the estate management, disposition and distribution in nature with enforceable, and not have the effect of agent behavior and the effectiveness of private right. Fourth, the agent of the entity to obtain benefits or litigation interests, have to be an agent for the ultimate home, the judicial practice under the insolvency administrator is the main entity of interest, and no effect of the transfer agent.

Second, the post said that the bankruptcy procedure is outlined in the enforcement process, the bankruptcy administrator is elected by the court, responsible for the bankruptcy estate management and disposition, should be regarded as organs of state to enforce the Civil service, its behavior is job behavior, not behalf of the creditor, it does not mean the debtor. position that the duties are divided into public law and private law office, said that the duties of public law, said that the insolvency administrator of property management in the property, Variation ways similar to the implementation of public law authority, it is public law duties. and duties of private law, said that although the insolvency administrator and the management based on the sale of the estate official, but it is the name of the private sector, so as private law duties.

I believe that the job that also has its shortcomings, first, the insolvency administrator is a person appointed by the court, not court personnel, it is not the Court's establishment, its not a court to pay, but come from the estate, the authority insolvency law, rather than the courts required by law, the second, possession of the estate, management is not the court to exercise coercive power, but the fulfillment of statutory obligations. Third, we know the general theory of bankruptcy law is procedural law the insolvency administrator pArties. If the insolvency administrator with Civil servant status, will lead the enforcement authority in the insolvency proceedings as litigants, such logic to paradox.

Third, the bankruptcy estate agents said that this doctrine supported by many people that the bankruptcy estate have been away from the bankrupt and the interests of creditors, bankruptcy is only the existence of the insolvency proceedings to obtain the rights and obligations on the dominant position, it becomes independent the legal status of corporate entity, the Official artificial bankruptcy estate agent. However, this theory must be general law or special Civil law recognizes the legal personality of the estate is based. [3] bankruptcy estate representative said that to solve a number of agents and the theoretical position that the error committed, but there are some drawbacks: First, the prerequisite is to recognize the bankruptcy estate of the legal subject status, but always in the insolvency proceedings, bankruptcy estate are the object of the exercise of rights as a creditor, the Official were the object of their duties, and second, if the insolvency administrator as the representative of the bankruptcy estate, then it should be the name of the consortium handling the insolvency proceedings in the various legal relationships, but start to finish all the insolvency administrator is the name of its own affairs in liquidation, the third, the insolvency administrator is a bankruptcy estate's representative, has had its independent will have their own separate intention, but many of the insolvency administrator in dealing with insolvency matters, must sign have nothing to do with the bankruptcy estate supervisor, or the court's consent.

(B common law doctrine of the legal status of the bankruptcy trustee, common law countries, property law, bankruptcy law will be introduced on the trust relationship between bankruptcy law, bankruptcy trustee legally independent of the independent status outside the court, only trustee in the name of the legal acts, thus avoiding the theoretical disputes, solve the problem of the legal status of the insolvency administrator that the insolvency administrator of the estate trustee, the court, the bankrupt and creditors can exist independently outside of the Trust between common law countries is a general theory. "The bankruptcy trustee, said the bankruptcy trustee or the trust relationship is positioned as a trustee, the debtor entered bankruptcy proceedings in the bankruptcy trustee to take over all the estate, in its own name the property management, distribution. "[4] American" <Bankruptcy Law "> provides bankruptcy trustee is the representative of the consortium to sue and be sued in their own name. UK <<Bankruptcy Law"> Article 14 bankruptcy receiver to exercise its powers, as agent of the company. It can be seen, Anglo-American bankruptcy law on the legal status of the bankruptcy administrator has made it clear that the agency relationship here is different but the general sense of the agency relationship , but a unique in insolvency proceedings, the legal fiction of agency relationship, the central purpose is to ensure that the interests of creditors. [5] such agents is limited to procedural agent is to facilitate the needs of operation of the procedures .

Of scholars of civil law and common law doctrine of relevant theories controversial, has its own support for the theory, but several theories as the representative of the above, I believe that civil law countries of China though, but insolvency law Many common law countries and similar to Bankruptcy Law: bankruptcy practice accepted doctrine, "" Enterprise Bankruptcy Law "> Section 25 (g) of the administrator to represent the debtor in litigation, arbitration or other proceedings, which is << Federal Bankruptcy Law "> the same Article 323, in addition, the Manager and the Trustee has the right to similar provisions in the Bankruptcy Law of China also be reflected. Based on this, I believe that the reference relationship of trust that can better explain insolvency administrator and the legal nature of the legal status and to further improve the supervision system of Bankruptcy provides a legal basis. First, the use of the trust system, the insolvency administrator (trustee) of the responsibilities, rights and interests clearly defined, easy to monitor, On the one hand the trust property (the estate) interests of the ownership and the separation of ownership of the property to the trust administrator, the only legal, form of ownership, it can only nominal and not the actual owner of the identity of the identity of all engaged in the external trust management activities, but also for management and disposition of the trust property at contractual and tort liability, on the other hand, the trustee responsibilities and interests of the phase separation, because the trustee is the owner of the trust property and transaction processing on behalf of the parties, Therefore, the management, disposition of the trust deed or by contracting for the violations occurred on the beneficiary (creditor) the property of the responsibility borne by the trustee. trustee responsibility in accordance with its obligations under the trust documents, the beneficiary is entitled to request trustee of the Trust affairs faithfully and to pay their entitled right to trust benefits. Second, the use of the trust system, trustees are more independent sense of the disposition of the estate management of power in favor of its initiative to mobilize the greatest extent and enthusiasm generated in their inner self-conscious oversight. by trust system can be explained by the court and creditors for the managers meeting elected the way of common, as a manager of real-time monitoring. the duration of the trust, the beneficiary is also entitled to a certain degree of trust affairs monitoring rights, such as trust beneficiaries the right to access books, ask the court to lift the grid does not appoint a new trustee and a trustee of the rights. the establishment of trust in the system can make up for past lack of theory to solve the system encountered in the supervision issues, supervision of the insolvency administrator is more scientific and reasonable.

Elected three of the insolvency administrator and Improvement
(A selection of the insolvency administrator mode
States Bankruptcy Code, the provisions of the Selection insolvency, there are three legislative cases, contains a different guiding philosophy of the insolvency proceedings, the parties to give full adversary powers, functions and powers doctrine more emphasis on the judge's dominant position in the program. Countries differences in the insolvency system is different, there are three general forms of their elected:
First, the Court elected. In some countries, insolvency law, the court in the leading position in the bankruptcy proceedings, the insolvency administrator the right to decide its candidate for a meeting of creditors that the court appoint an insolvency administrator and other creditors of their own significant stakes , the only objection to the court and not the other is elected. [6], such as Japan, Spain, France and Belgium. by the courts in ways that favor balanced selection of insolvency proceedings in the interests of the main parties, especially between the creditor and the debtor interests, but also to ensure the neutrality of the nature of the insolvency administrator, insolvency administrator elected by the court, high efficiency, when in the bankruptcy case can be accepted in time specified, to ensure the timely liquidation activities, effectively, but the common will of the creditors is difficult to embodiment of the bankruptcy estate, after all, is mainly related with the interests of creditors.

Second, the creditors elected. Insolvency administrator elected by the meeting of creditors, the creditors can implement self-government in the spirit of the insolvency proceedings, fully embody the common will of the creditors, the United States bankruptcy law with this case. Elected by the meeting of creditors elected to make up for the shortcomings of the Court, But the easy-to-Zhi Gu neglect the interests of creditors and other interested parties the interests of the debtor, which is difficult to guarantee neutrality, and because most of the meeting of creditors in insolvency cases the large number of creditors is also full of contradictions and conflicts of interests, it is may be due to creditors, the large number of creditors, it may disagree with the insolvency administrator can not be elected in time, so that the quality and efficiency greatly discounted bankruptcy may result in greater loss of expected benefits.

Third, the creditors elected and statutory authority for the selection of the combination method of this elective is called "dual system" means a meeting of creditors the insolvency representative can be elected, also by authority of the insolvency law (referring to a specific country administrative agencies, courts) specified. Britain and Taiwan of China that adopted this system. This dual system is not parallel, they also have primary and secondary points. such as the UK is the main selection of the creditors meeting, supplemented by the Court and other elected bodies The. Some countries and vice versa. This model draws on the advantages the first two legislative model, both in time produce the insolvency administrator, the creditors also given a great privilege, fully embodies the principle of autonomy of creditors, both to avoid the creditor rights abuse cases, not easily lead to excessive interference in the private rights of public power.

In summary, I believe that a simple selection of a particular way of using are quite reasonable, the judicial practice in our country designated by the Court of the principle of a meeting of creditors elected to supplement the selection of mode of combination of the two is more reasonable, generals rule the combination of Marxism and autonomy doctrine, in view of insolvency law provides that "the people's court designated by the administrator. creditors meeting that the managers can not by law, just performing their duties or functions of other circumstances can not be qualified, may apply to court to be replaced." by Justice meetings of creditors to explain to expand the right to dissent, the right of objection to a meeting of creditors to be listed in detail and make specific style requirements, while limiting the court's decision, clearly stated the right of the opposition in several cases, courts have a legitimate reason for non- elected to a meeting of creditors must accept the bankruptcy administrator, also provides other relevant stakeholders in the insolvency administrator has the right to dissent, as to whether to accept the people's objection to the court. In this way, respect the autonomy of creditors, without affecting the courts on the guidance and supervision of the insolvency proceedings the insolvency management.

(B insolvency administrator of the elective time
Appointment of insolvency proceedings start time due to the different legislative cases, but different. Mainly in the following two modes: 1, declared bankruptcy doctrine, that is, once the court declaring the debtor bankrupt, the insolvency administrator to be elected according to the law to take over the estate, declaring bankruptcy as the only signs of insolvency proceedings in bankruptcy, while appointment of the insolvency administrator. Most of the insolvency law of civil law countries adopt such a requirement. For example, Article 27 of the German insolvency law provides that "the beginning declared bankrupt , the bankruptcy court appointed a bankruptcy administrator. "Insolvency Law in Japan and Taiwan of China have the same insolvency law provisions .2, bankruptcy accepted doctrine that the start of insolvency proceedings to the court accepts the bankruptcy application as a symbol, while accepting the application for bankruptcy the insolvency administrator should be elected. this mode, the number of countries to declare bankruptcy for the sector, the establishment of a phased system of property manager. If the United Kingdom, the United States, specified in the insolvency proceedings, the provisional administrator of property, to be elected after the bankruptcy declaration formal insolvency administrator, but if a formal insolvency administrator is not elected, the interim insolvency administrator is to become the official administrator. The purpose of the establishment of the provisional insolvency administrator is to prevent the debtor transfer, concealment or destruction of property and protection of all creditors of the group interests.

Practice in our country, because the court accepts the bankruptcy case to the bankruptcy period of time before the liquidation group on the effective management of the estate can not, in practice many companies file for bankruptcy if the enterprise legal representative or other responsible person enterprises through various means of transfer of property is common. In view of the beginning of the insolvency proceedings accepted doctrine of legislative model, the author recommends the selection of trustee in the bankruptcy proceedings of the time, reference to the U.S. system of temporary insolvency administrator. The court accepts the bankruptcy application, the claims has not yet been declared, can not organize a creditors meeting. by a court-appointed provisional administrator to take over bankrupt companies, has overall responsibility for the management of the debtor's property until the settlement means the end of bankruptcy proceedings to sue the people's court or the official administrator of the debtor's insolvency arising after the date. China < <Bankruptcy Law "> may provide for the people's court accepts the bankruptcy case in the same time, explicitly specify the temporary administrator to take over the company filed for bankruptcy, rather than become general manager. <" Enterprise Bankruptcy Law "> 13" people's court accepts the bankruptcy application shall also specify the administrator ", in which the" manager "should be clear as temporary administrator, and its personnel from the bankrupt company's shareholders, board members, major creditors and law firms, accounting firms, auditing firms and other organizations have selected the reason for the management of bankrupt enterprises absorption is better business management to complete the transfer of the right to work, better management of bankrupt enterprises, the bankruptcy estate bigger, and help protect the interests of stakeholders. by the provisional administrator take full control of bankrupt enterprises, and the identity of the estate management company on behalf of all the property and affairs of the debtor's property to clean up, storage, verification of claims and other preparations.

Links to Research Papers Download http://www.hi138.com (three of the insolvency administrator qualifications
Qualification of the insolvency administrator the insolvency administrator is an important part of selection system, insolvency legislation on insolvency administrator for the selection of more complex qualification requirements. If the British insolvency qualification requirements more stringent, the insolvency administrator must from the government-designated agencies to obtain a license. with accountants, lawyers, people who can act as a qualified insolvency administrator, other eligible people who can act as insolvency administrator. but a full-time bankruptcy administrator, must pass a special professional examination and 3 years more experience in bankruptcy matters. insolvency administrator shall be subject to at least 50 hours per year of training, liability insurance to insurance companies. If no liability insurance, you need to provide guarantees to ensure that the insolvency administrator may be liable. Germany <<Bankruptcy Law "> Article 56, paragraph 1, states:" shall appoint a specific case and to the right, in particular, knowledgeable and independent of the creditor and the debtor's natural for the insolvency administrator. "American" <Bankruptcy Law >> the provisions of Article 322, the trustee must pay a certain amount of security deposit the court. of 2007 <<Bankruptcy Law "> Twenty-four qualify for the insolvency administrator positive and negative qualifications of the requirement. which the first provides that "managers can be relevant departments and agencies of the staff of the liquidation group or a legally established law firms, accounting firms, bankruptcy and liquidation firms, and other social institutions as intermediaries." can be seen, there are two principal may serve as China's insolvency administrator: First, the relevant departments, agencies of the staff of the liquidation group. liquidation group designated by the People's Court was established to take over the bankrupt enterprise on the property to clean up, storage, assessment, and handling and distribution of the specialized agencies. I believe that , the composition of the liquidation bankruptcy administrator requested can not do because of their professional ability is not strong, and often part-time by the government officials can not meet the requirements of efficiency, often subject to government, the Chief of strong color, and many other drawbacks, as for liquidation bankruptcy managers can be said that taking into account the bankrupt state-owned enterprises and other issues related to employee retention arrangements, but this problem can be related to health insurance by improving the social security system solution, and should be avoided as much as possible as the opening of insolvency liquidation team, otherwise back to the past to some extent the bankruptcy case, needless to say its drawbacks. The second is a legally established law firms, accounting firms, bankruptcy and liquidation firms and other intermediary agencies.

In addition, the bankruptcy law also provides for the case of natural persons as the administrator, pursuant to article 24, paragraph 2 provides that, upon the debtor's actual circumstances, in consultation with the relevant social intermediary organizations, designated the agency with relevant expertise and qualified personnel to obtain practice as manager. It is considered that some small, relatively simple obligations between the debtor, by the qualified person as administrator, but the requirements must have relevant expertise and obtain professional qualifications. This shows that the relevant provisions of the United States and other foreign comparison, the country manager for individuals as it can be said is an exception. such provisions may be based on individual responsibility as managers do not have the affordability of creditors if the losses caused by the individual as unable to bear the responsibility of managers to consider. I believe that the provisions of bankruptcy law that is open to question, the insolvency administrator should be individuals as appropriate, and will be an exceptional individual as an insolvency administrator and unreasonable. First, the actual processing of bankruptcy Services are specific individuals, whether the individual as a manager with what capabilities, qualifications and experience handling bankruptcy cases, where the body can not be reflected in its second, institutions of collective responsibility is often no one is responsible for and the individual as the manager does not rule out the cause of its creditors in insolvency proceedings loss, can be related to their responsibilities in the organization, personal responsibility more clearly in place, the author suggested that in future legislation or judicial interpretation, should be expanded to individuals as range of managers, intermediaries as the insolvency administrator should specify how clearly to specific individuals. individuals as manager, should participate in professional liability insurance. But for the principal to pay the insurance premiums, premiums and other specific sources and ways to pay issue is not clear. I think we can learn from and refer to the UK's strict rules on insolvency, the way to agreement to pay the bond requirement, in order to protect its ability to assume the corresponding responsibility. At the same time, the civil liability system as the corresponding constraints, to promote the insolvency administrator diligence, to further improve the professional liability insurance system to provide protection for personal insolvency.

The qualifications of the administrator of bankruptcy law is divided into positive and negative qualifications are eligible to be prescribed, the former refers to the insolvency administrator who can act as mentioned above, the latter refers to what people can not act as insolvency administrator. For the negative qualifications, Bankruptcy Law Article Four also provides for the negative as qualified managers, one of the following circumstances, shall not act as administrator: 1, subjected to criminal penalties for intentional offense, 2, and was related to professional practice certificate revoked, 3, and the case interest, 4, people's court considers it inappropriate to act as administrator of the other cases. I agree with the content of insolvency law provisions on the model, that the insolvency law of the insolvency provisions of the negative to the listed qualifications and broad combination of . the one hand, detailed lists a number of unfit specific circumstances of the insolvency administrator, the other hand, that the general regulations of the People's Court should not act as administrator of the other cases. But the new law the provisions of this content are too strict, In my opinion, can refer to the Company Law and other relevant laws of criminal punishment, has been revoked license shall provide certain period of time, as long as after this period, it can still serve as the administrator. such as may provide: for deliberate crimes subject to criminal punishment, since the completion of the penalty of five years from the date of the end, and was related to professional practice certificate revoked less than five years.

The author believes that the selection of qualified managers is on the law of the State of understanding of the legal nature of the Manager may determine, in view of the legal nature of the author of the managers who view bankruptcy trustee, so I believe that the managers on the selection of qualified should be coordinated with the bankruptcy trustee, requiring managers should have appropriate professional qualifications, the implementation of the qualification system administrators, specifically: managers should be professional, professional. "The so-called occupation of the insolvency administrator is refers to insolvency proceedings the insolvency administrator should be decided by the market dedicated to this work of service organizations to serve as bankruptcy, insolvency service organizations to provide paid management and clearing services for bankruptcy, insolvency service organizations must be registered by law to obtain qualifications, Insolvency Service organizations in dealing with insolvency process duties according to law, Bingdui solely responsible for their own negligence, the legitimate rights and interests protected by law. to achieve this transformation, both the theoretical basis for the request is real. "[ 7] managers from the service organizations in the selection of professionals, including lawyers, accountants, appraisers, settlement division, and other professionals. by professionals as managers can improve the efficiency of liquidation and reduce the cost of bankruptcy proceedings, there is help strengthen their sense of responsibility and professionalism by the professionals as the insolvency administrator, accountability, and the services they provide are paid, according to legal principles consistent Zequan Li, they get paid at the same time, but also for their misconduct should bear legal responsibility. I believe that our clear market access conditions, what conditions must have to become a professional insolvency, including professional qualifications license, the minimum registered capital, office place of business, professional facilities and equipment and so on. In addition to law firms and other intermediary agencies, but also can be a form of limited liability companies, and to gradually transformed in this direction. for the management of personal qualifications, can refer to our lawyers, accountants and the method for obtaining the qualifications of a unified qualification examination system, and for the implementation of the insolvency administrator qualified annual assessment, of course, limits should be appropriate for the qualifications, without prejudice to the insolvency administrator to play its role in the market competition mechanism.

Elected on the number of the insolvency administrator to national bankruptcy law, basically in favor of the principle, the insolvency administrator is a person, except when people approach. [8] such as Japan, Article 158 of the insolvency law provides that the estate management of man-made one, but the court held that, when necessary, choose the number of people. of bankruptcy law and the Supreme Court <<specify the administrator provides>> this has not been clear. As for the need for more than just an insolvency administrator or the insolvency administrator , objectively determined by the complexity of the bankruptcy case, the difficulty of managing the estate, the insolvent debtor's property distribution, involving the expertise, time requirements prescribed by law. Although the relevant provisions of this there is no clear view of the above The existence of the people's court does not rule out the specific circumstances of the case selection of multiple insolvency administrator. Although many people can be elected as the insolvency administrator, but in the selection of people should control the amount of time, the aim is to prevent the spread of the insolvency administrator responsibility. When you select multiple insolvency administrator, the manner of their functions can be divided into the implementation of joint implementation of the system and a separate system of two. joint implementation of the system when more than one person refers the insolvency administrator, should work together to carry out its duties, but The court, in charge of duties, number of people insolvency administrator, the third means of expressing one of them can be. but separately for each system refers to the insolvency administrator is only responsible for its management of the affairs.

(Four changes in the bankruptcy administrator
Official view of the complexity and continuity of services, the bankruptcy administrator, once elected, generally do not change, but after the insolvency administrator is elected if a law should not continue to hold office in the case, you should make the necessary changes based on the proceedings in the dismissal of the insolvency administrator the right to dismissal of the need to distinguish between the main subject and recommendations. In general, the insolvency administrator of the elected people who are also managers of the dismissal, the dismissal of other subjects can only make recommendations, by the insolvency administrator the case of the Court elected, usually a meeting of creditors, creditor committees, supervision or dismissal of an insolvent debtor can be used as the main body of recommendations by the court to review the decision. from the national bankruptcy law, the general is not allowed to request the dismissal of individual bankruptcy creditors, unless meeting of creditors to form their opinions through a resolution or by the creditors committee, reflecting the debtor bankrupt. Twenty-two of the provisions of bankruptcy law, "court administrator designated by the people. creditors that the administrator can not be according to law, Justice can not perform their duties, or any other competent job situation, may apply to court to be replaced. "This shows that the people's court has the right selection of the insolvency administrator, of course, have the right to dismissal of managers, administrators on the people's court dismissal of the procedure, either ex officio or by the creditors meeting application, the specific procedures for the review is no different. But the general provisions of foreign insolvency law, the court dismissed the insolvency administrator's decision, the parties shall seek the views of the insolvency, bankruptcy creditors, in particular the views of the meeting. This is mainly taking into account the replacement related to the bankruptcy administrator of the interests of the parties, particularly the interests of creditors, so I think that the court dismissed managers sole discretion, shall listen to all views. In addition the staff representatives, representatives of bankrupt enterprises have the right to substitute a candidate recommendation, In particular, transactions involving the interests of specific adverse managers, the managers of the parties to change candidates nominated by the interested party has the right to make suggestions and objections, and ultimately the courts have the final decision.

Conclusion:
Based on the status of the bankruptcy administrator, elected and other in-depth theoretical discussion, put forward his view that the common law position that the bankruptcy trustee would be preferable, with our judicial practice and theory and practice from abroad, presented some sound advice: the selection of methods, the use of court-appointed to the principle of a meeting of creditors elected to supplement the selection of a combination of both models to expand through the judicial interpretation of the right to dissent in a meeting of creditors, the meeting of creditors to detail and the right to dissent list-style to make specific provision, while limiting the court's decision, clearly stated the right of the opposition in several cases, the Court not to have a reason to elect a meeting of creditors must accept the bankruptcy administrator, also provides other relevant stakeholders The insolvency administrator has the right to dissent, as to whether to accept the people's objection to the court. This will not only respected the autonomy of creditors, bankruptcy court proceedings without affecting the direction and supervision of the insolvency administration, while the existing system to make up the deficiency Justice in America to establish the insolvency practice of the provisional administrator of the system, the people's court accepts the bankruptcy case in the same time, explicitly specify the temporary administrator to take over the company filed for bankruptcy in the selection of qualified managers to implement on the qualification system administrators, managers realized professional and specialized in the hope of the operation of bankruptcy practice will provide experience.


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Notes:
[1] Xie Junlin: <"China Bankruptcy Law monographs>>, the People's Court Press, 2005, p. 26.

[2] Tang D Construction: <<bankruptcy proceedings and insolvency legislation Research ">, the People's Court Press, 2001, p. 286.

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