Bankruptcy To Retrieve The Right System

The focus of this paper is the system of Bankruptcy Recall Right. It refers that the insolvent property received by Bankruptcy Trustee may include other' s property which doesn't belong to the bankrupt, therefore, the owner of the property like that can take back his property, not according to the bankruptcy procedure. The bankruptcy is an inevitable outcome of the economic competition, and the healthy development of the market economy requests a set of bankruptcy system that science and reasonable. The Recall Right system also occupies a very important position in the whole bankruptcy system. Because the bankruptcy procedure is a special means to repay debt that the debtor should use all property ruled by the law to repay debt. But in practice the debtor usually occupies and uses the others' property. When the debtor was declared by a court to be a bankrupt, Bankruptcy Trustee need to expel these properties by law. So the bankruptcy procedure needs the reasonable system of the Recall Right. This system can protect the insolvent property and protect the others' legal benefits at the same time. It also can guarantee the efficiency of the market economy with the equity. Therefore, many countries in the world have established the system of Bankruptcy Recall Right. Thus the owner of the property can take back his property from Bankruptcy Trustee. Lawmakers in our country also have this consideration exactly. So the law of our country also established the system of the Recall Right. But compare with other bankruptcy laws, the provision of our bankruptcy law is too simple, with the result that it can't be put into practice. Though there is related judicatory explaining to the Recall Right system, a few problems exist in practice. So it is very important to pay attention to the system of the Recall Right. We should pay close attention to it in order to protect the person's legal rights and the system of the market economy.This thesis will discuss the basic theories of the Recall Right and the problems of our country' s regulation.The first part gives a brief account of the Recall Right. Firstly, it introduces the conception of Bankruptcy Recall Right, the purpose of the legislation, the value of the system. On the basis of the preceding discussion, the paper gets a conclusion that the system of Bankruptcy Recall Right should be perfected. Because the system can protect the benefits of the businessman equally, get the market economy in running order and attain the purpose of pursuing high efficiency. Secondly, it analyzes the nature of the Recall Right. In the academic circles, there are two views on this question. Comparing the theory of private right and the theory of the opposition, this...