Statutory Offset System Research

Aiming at the imperfect situation of the Chinese legal offset system ,and by studying the contemporary legislation of legal setoff in our country,the province Taiwan,Germany,France and continental law countries , the thesis deals with the topic from four parts :the basic theories of offset,the requirements of legal setoff,the exercise of right of legal setoff and the effect of legal offset,the problems with China's legal setoff and the advice about how to improve it.The first part is mainly about the basic theories of offset, including three parts: concept and classification of offset, nature and doctrinal gist of offset, the function of offset. The first part is the concept of offset. By analyzing offset in Roman law, continental law countries, common law countries and disagreement about the concept of offset among the scholars, the author concludes the concept .In the part of nature, the author analyzes the different methods of offset in other countries, concluding the nature of offset in our country: the legal offset is unilateral legal act, the arranged offset is mutual legal act. In the part of doctrinal gist of offset, the author concludes that the offset could be the independent cause to exterminate the debt, not attaching to any other system.The second part is requirements of offset. It is the most important part. The author tries to distinguish the legal principle and broaden the mind by analyzing the four requirements of the traditional legal offset from multiple perspectives and levels. For example, in the requirement of"bilateral negative debt enjoys the credator's rights mutually", the author analyze the mutualness of these requirements from the perspective of both parties,credator's right and debt. Besides, the author explains the three kinds of cutting off parties'mutualness transversely and longitudinally. This part selectively analyzes the three kinds of cutting off parties'mutualness,whether natural creditor's right could be set off,whether the debt of the damage compensate which is caused by the intentional tort could be set off and so on.The third part is exertion and effect of legal offset. It is also one important part. At first, the author acknowledges and approval our country's contemporary legislation which accepts the theory of form offset just as what most countries have done. Under this premise, the author analyzes the parties and the way to exercise the right of legal offset. In the part of the effect of offset, the author selectively explains the retroactivity which is one of effects from the cause and content, and gets the conclusion that the legal offset should have the retroactivity.The forth part is the problems with China's legislation of legal offset and the advice to solve them. There are some problems in the legislation of our country's legal offset. For instance, it is not consistent with our country's other legal systems and the law about the legal offset is too simple to exercise in the department of judicial practice. The author gives some advice to solve these problems.Aiming at the imperfect situation of the Chinese offset system, the thesis makes a detail and systemic research on the system of legal offset on the basic of learning the contemporary legislation of legal offset in our country,the province Taiwan,Germany,France and continental law countries, hoping the thesis can impel the research on basic theory of our country's legal offset.