关键词： 新破产法, 法院定位, 缺失及完善

Abstract: The latest law of bankruptcy authorizes too much power to the court instead of administration,which has brought an improper relationship between the court and the administrator and the creditors’ meeting.Under the principle of the non-litigation of the procedures for bankruptcy,the people’s court is not a leader but a neutral and independent arbitrator or supervisor during the procedures for bankruptcy.Thus it is advisable that the government appoint a special unit or an administrators association to balance the court and the administrators.It is also practical to clarify the right of decision of creditors’ meeting in assigning and paying the administrators in order to achieve a kind of harmony between the court and the creditors’ meeting.

Key words: the latest law of bankruptcy, the position of court, deficiency and perfection