Research On The Right Of Revocation Of Biased Liquidation

As the statutory authority of the bankruptcy administrator,the purpose of the bankruptcy revocation right is to correct the debtor's improper disposal of property,restore the bankruptcy environment of fair settlement,embody the fairness principle of the Bankruptcy Law and the principle of honesty and credit,and safeguard the legislative purpose of the bankruptcy law.The system of bankruptcy revocation right established by Chinese current Bankruptcy Law plays an important role in maintaining social economic order.Biased settlement as the behavior object of bankruptcy revocation,is a new unique concept of bankruptcy proposed by the academic community which plays an important role in the Bankruptcy Law.It refers to the debtor's act of providing new guarantees,early liquidation,or repayment of individual creditors when they have been insolvent and in a state of insolvency,within a certain period of time before the official commencement of the insolvency proceedings.Making the particular creditor superior to others and obtain more insolvency estate than through bankruptcy procedures.This liquidation of the debtor leads to an unbalanced protection of the interests of the creditors,which is not conducive to the formation of a fair bankruptcy environment and does not meet the legislative purposes of the Bankruptcy Law.Therefore,it is practically necessary to revoke the biased liquidation behavior.The partial repayment of the right to rescind is mainly reflected in the article 31,paragraphs 3,4 and 32 of the Bankruptcy Law.It is not form a legislative norm that matches its role.It is difficult to meet the needs of judicial practice because there is no legislative norm matching its function and the supply of specific application of rights is insufficient.The extraterritorial legislation and regulations for this issue are different,and there are many essences worthy of reference.In the end,based on the concept and characteristics of the partial repayment right,the constituent elements,the exercise requirements,the legislative norms and the judicial practice,this paper will point out the inadequacies of the biased right of revocation in China and try to make some suggestions on the improvement of the right to pay off the bias,in order to contribute to the development of rights.This paper mainly uses literature research method,comparative analysis method,empirical research method.The text is divided into four chapters,including four chapters.Chapter one is the legal basis of partial liquidation right.Through basic and conceptual analysis,this chapter clarifies the connotation of partial liquidation right.The establishment of corresponding cancellation right is a means of legislation to restrain the partial behavior.In the second chapter,the application of partial liquidation right in practice,the author found through case retrieval cancellation right disputes in judicial practice of the score is very low,but present a series of problems,such as the relationship between the frequency is higher,the subjective cognizance of fuzzy,exception disputes more features,such as the problems reflected in practice pointed out the direction for the research of the third chapter of legislation..The third chapter is about the legislative loopholes of partial repayment of the right to revoke.This chapter is based on the appearance of judicial practice in Chapter 2,looking for the reasons for the practical problems,sorting out the legislative norms of our country,and discovering that the subjective aspects like that the law's disregard of the right to pay off are not clearly defined.As a result,different judges in the judicial practice have different understandings of the law,which affects the outcome of the case;the fuzzy provisions of the law on the exception of the biased right of revocation,leading to a series of areas to be improved such as the controversial cancellation of exceptions in practice Therefore,the improvement of the right to partial repayment in Chapter 4 is to propose a corresponding perfect method for the problems presented by the biased repayment right in the judiciary and legislation.Explore from the perspective of the critical period of the regulatory relationship,the inclusion of subjective elements into the elements of rights,the establishment of strict defense standards,and the improvement of exceptions.