Creditors Cancellation Right Of Creditor's Rights In Japan Method To Modify The Discussion And Its Enlightenment To Our Country Legislation

The Creditors’ right of revocation system originated in Ancient Rome law ofBankruptcy revocation system, due to the exercise of the right of revocationmust be in accordance with certain proceedings, that is, the exercise ofavoidance powers to the court by creditors, by the court revoke the debtorbehavior judgment to the effect of revocation, therefore, the right of revocationalso known as the revocation of right to appeal or waste strike the right to appeal.This system, following by many civil law countries such as Germany, Japan, andso on. In1999, China formally established the creditor the right to revoke thedevelopment process of China’s socialist market economy in Chapter74and75of "Contract Law of the People’s Republic of China” to safeguard the legitimateclaims of general creditors, maintain the security of transactions, to prevent thedebtor to take all kinds of irregularities to avoid debt, maintain market economicorder, fairness, integrity, and played an important and irreplaceable role.But the time to establish the Creditors’ right of revocation system in Chinaafter all had been late over100years than those civil law countries such asGermany, Japan. These countries’ development of theory and Practice togetherwith the experience and lessons and practice of development experiences andlessons of the reform is bound to could give great inspiration to carry out ourCountry’s science of law and Law, just as the so-called "Stones from other hillsmay serve to polish jade". Based on this understanding, I try to get through fromarranging argument of the part of the Creditors’ right of revocation in thisJapanese civil code revision, to discuss and explore the inspiration of improvingour country’s Creditors’ right of revocation system.There are four parts consisted as followings:Part Ⅰ: the creditors the right to revoke an overview. The part of creditors theright to revoke the concept of countries and constitutes a right to revoke theelements as well as the nature of the right to revoke the doctrine, the claim thatthe formation of the right to compromise said and responsibilities.Part Ⅱ: Japan claims law changes-the creditor the right to revoke part. To introduce the background of large-scale modifications of the Japan Civil Law,to revoke the right to modify the grounds creditors in creditor law, debt law tomodify the draft, focusing on finishing the creditors revoke the right to modify theargument to discuss.Part Ⅲ: Current situation and deficiency of Chinese Creditors’ right ofrevocation system. To analyse the current situation and deficiency of ChineseCreditors’ right of revocation system. There are mainly four parts of deficiency,namely the right to revoke the object of protection, the effectiveness of therevocation, the revocation of the right elements, and the status of the litigants theright to revoke.Part Ⅳ: Japan claims the method to modify creditor the right to revokeenlightenment. First, the part of the contents on the basis of summing up theargument in the Japanese claims law, analysis of the perfect revelation to ourcreditors the right to revoke, in turn position, turn fraud harmful behavior toexercise elements of the exercise priority for repayment of the creditors the rightto revoke the right to analyze; Perfection of creditors the right to revoke therecommendations for further discussion of priority for repayment of creditors theright to revoke the right to revoke the main range gives his own views, is alsorecommended the specific provisions of the party position, set aside theproceedings in the civil law.