| After bankruptcy is to be announced beginning, the trustee in bankruptcy carry on clearing up accounts with bankruptcy, in the process of clearing up accounts, there is property of belong to the others, the right person can give the resumption through a trustee in bankruptcy in our country, the set serves as the trustee in bankruptcy. The full text is divided into three parts, taking back to the bankruptcy power by carrying on meticulous of analysis:The first part takes back the law content of the power to begin from the bankruptcy, analyzing the bankruptcy to take back the concept of the power and the background of happening, law property, characteristic and bankrupt category of take back the power. The way of comparison is used and standpoints between each scholars are integrated that the concept analysis that the bankruptcy takes back the power adopt, combine the realistic condition of the our country bankrupt law, the right foundation, property right that clarifies to take back the power benefits other people the actuality and right of exercise, but the right object to exercise can't and the term that exercise effectively etc. The next in order, took back the power creation background to make the synopsis analysis for the bankruptcy, mainly is the opposite right to take back the enactment of the power and exercise for the protection right the person to have the important function. Again, adopt for the law property that the bankruptcy takes back the power more the analysis is a little bit similar to comprehensively method of judgment, analyze the objection power to say and private power say of and differentia. Should adopt for actually which standpoint take back the law property of the power with the definition, giving the concrete analysis from the angle of the substantial evidence, mainly getting a conclusion from the level of the entity method. The fourth, while inquiry into the characteristic that the bankruptcy takes back the power, be the point of departure from the general angle, take taking back the law property of the power as the foundation launches to induce towards taking back the power characteristic of tally up and. The fifth, the analysis takes back the category of the power. The category foundation that different angle of view refract is different, also is inconsistent the analytical category, among them,relatively have the meaning of representative is the classification of the general resumption power and special resumption power, in the category of the special resumption power, again thin change in to betray the person to take back the power and behevioural person to take back the power, the person takes back the power. This kind of standard uncertain science that classification is reasonable, but provided a clairvoyance for us resumption the window way of the power, let we from macro view of the square aspect of the power of resumption of whole confidence of level face, doubtless is to have the great significance. In special resumption power, for betrayed the person to take back the power and went person to take back the connotation, property, characteristic...etc. that the power, a person takes back the power to make the analysis of the synopsis, its purpose is for after the simple and direct and outstanding point of text made the cushion, the otiose branches and joins of text tie down after avoid. End, from currently our country the law of the bankrupt law rules to explain with judicatory medium analysis take back valid scope that power exercise.The second part mainly takes back the power to launch the detailed theories to the bankruptcy analysis. The first, analyzed the bankruptcy to take back the right foundation of the power. For take back the right foundation of the power, main from ownership of angle and use benefit real right, guarantee the real right waited the angle of his real right to carry on analysis, related contents that among them analyzed the occupancy alone. In ownership of analyze, and then emphasized to analyze the ownership to reserve the system and let with the guarantee system, trust relation and bankrupt the person's free property take back power. In his real right, mainly analyzed the quality power and liens. The quality power is the creditor occupancy debtor or the third factitiousness guarantee property of obligation implement but handover, at the debtor nonperformance obligation, sell the price gold to have the initiative to be right by the person for that property. The scope of the quality power, the provisions in all countries are different, the nation that have only admit the movable property quality power and the right quality power, for example Germany, the nation that have is in addition to admit the movable property quality power and the right quality powers, still admitting the real estate quality power, for example Japan. The quality power scope really settles, for take back the power to exercise the function of have the importance. The lien is a creditor as to it's the debtor occupy of with the movable property that its legal right embroils the relation, in its legalright before being subjected to the pure person , have to take in to detain with the right of being the guarantee. It has the special connotation again in the our country. Lien of but under the condition of following, can be the right foundation of take back the power: It a, the debtor has already implemented the obligation or have already implemented the obligation through urging to tell, in the lien the person still did not return before detaining the thing is announce bankruptcy, the debtor takes back the power to the bankrupt financial group;It two, although the debtor did not pay off debt, already another go to provide to correspond the guarantee, make lien exterminate, but make lien the person still return duty of detain the thing;In the lien the person still return before detaining the thing is announce bankruptcy, the debtor contain the resumption power. In addition to this, also made the specialized analysis to the occupancy. In ownership and his real rights outside, particular situation under, can also exercise the resumption power according to the some and particular legal right. This kind of particular legal right, is mainly according to the leasing and borrow, take care of, accept to carry the etc., before bankrupt to announce made bankrupt the business enterprise occupancy others property of, then the creditor can return to still request the power according to the legal right, to clear up accounts the set lays claim to the resumption power. In this kind of case, be the legal right owner of the artificial thing, take place the ownership to return to still request the power and legal rights to return to still request the power to match, the person of the right can choose to take back the power foundation at this time;When the legal right artificial thing non- owner, then take back the power to is exist for the ownership person's benefits physically.Japan ruled the legal right claim power here. Among them, in legal right request power, and then ruled the resumption legal right claim power( such as with leasing of end concomitant object return to still request the power so of, take real right as the basal legal right to request the power) and the consignation legal right claim power( such as renter according to the legal right claim power of the consignation that the leasing requests the object so of, the real right is exist in the situation of the other party)s two kinds of. But the former think is to take back the power foundation. The second, analyzed the bankruptcy to take back the power to exercise. It the condition that power exercise on analyzing the resumption, this conditional analysis according to particular resumption power but make specialized analysis, for example specialized the analysis betrays the person to take back the power to exercise conditionetc;It two, analyzed to take back the power to exercise the way and procedures. The general resumption power exercises the way to mainly have the non- litigation form and the litigation methods. In non-litigation exercise, take back the power and don't depend on the bankruptcy procedure but be right by the person, as a result take back the power the person can take back toward trustee in bankruptcy directly. When in power benefit other people to take place the dispute with opposite person, can exercise the resumption power through a litigation. The third, analyzed to take back the power to exercise can't or the check and supervision factor that can't exercise completely, then take back the power to exercise of refute the factor. In the analysis of the check and supervision factor, launch the detailed argument from seven angles.The third part is the blemish and perfect and related analysis that the concerning the our country bankruptcy takes back the power system. For the blemish, still currently the our country bankrupt law in a specific way for take back the power to designate as the fact foundation to be the analytical point of departure of, the argument of this part because of a lot of objective reason but can't launch, make the analysis of the description towards taking back the related provision of the power only. For the perfect choose, it was main to carried on the study from three concrete angles. The first takes back the power effect to continue concerning the bankruptcy, mainly being fix attention on in to take betraying the person to take back the power as the instance, carry on especially example analysis. The second is concerning our country bankruptcy regain power to exercise the condition and exercise the analysis of way. The third is a legal effect that takes back the power to exercise concerning the bankruptcy, to take back the power, the person did not exercise the circumstance of take back the power to carry on the analysis. The analytical dint diagram begins from the small place, with small see greatly. At the bankrupt settlement period, take back the power person don't to clear up accounts the set exercise the right, should how handle? Resolve the key sticking point of this problem with the concrete analysis of five levels, also be regarded as the place of the special features of this text.
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