论域外法对中国破产管理人报酬制度的启发

Abstract

Combining the People's Republic of China combines China's bankruptcy practice and the basis of foreign bankruptcy legislative experience, the Law introduces the bankruptcy administrator system. As the "operator" in bankruptcy proceedings, its degree of responsibility and performance of duties determine the efficiency and quality of bankruptcy cases. As the basis for ensuring the long-term development of the insolvency administrators, its rationality and feasibility are particularly important. For the administrator remuneration system, the laws of most countries and regions stipulate the bankruptcy administrator's remuneration for work, such as the German No Payment Law and the US Bankruptcy Law. China's " China Enterprise bankruptcy law of the People's Republic of China, the Supreme People's Court on the provisions of enterprise bankruptcy cases to determine the compensation of the bankruptcy administrator to determine the compensation, payment standard and payment content is stipulated, but combined with judicial practice, about the guarantee payment method, calculation standard and other issues need to be adjusted. To promote the improvement of China's bankruptcy manager remuneration system, so that the manager's remuneration system can better play the incentive role on the manager, better safeguard the legitimate rights and interests of the manager while protecting the interests of creditors, and help to attract more outstanding talents to devote themselves to the bankruptcy practice , To Serve as a bankruptcy manager as their own work, so as to promote the construction of professional and efficient management team in China, to ensure the long-term development of the manager market.