The Research On The Legal Liability Of The Revocable Actions In Bankruptcy

Since Roman has nurtured the budding of the bankruptcy system, bankruptcy has becomean essential legal for a country and society after experiencing two thousand years of evolutionand development. Bankruptcy’s important value is it deprives bankruptcy debtors’management and disposition of their property, restricts their freedom to engage in transactions,minimizes losses caused by an insolvent debtor to the interests of the creditors as a whole, andprotects the creditors’ fair repay of bankrupt property to achieve fair purpose. As a concretemanifestation of the purpose of the value, the maximum worth of the emergence and existenceof bankruptcy revocation system is to contain insolvent debtors and individual creditorswillfully grab the bankruptcy property in the event of a bankruptcy reason before thedeclaration of the court, and revoke relevant act, in order to preserve the value of the estateand achieve the equitable settlement of the general creditors of the bankrupt. Since the newbankruptcy law has been in effect in2006, China’s bankruptcy revocation system wasultimately established. It clarified vague understanding between the theoretical and practicalcircles in the implementation process of the old law and set up the system of the bankruptcyrevocation rights and bankruptcy invalid system. What’s more, it gave a powerful blow to thebehavior of avoiding the bankrupt’s debt, maintained the debtor’s property, and equallyprotected the creditor and debtor’s interests of all parties. The object of the exercise by thebankruptcy revocation rights——Revocable actions in bankruptcy, was also recognized thefirst time in the bankruptcy law, which was a breakthrough in the legislative history. The legalliability of the revocable actions in bankruptcy is particularly important on how to ensure thevalue of the system of the bankruptcy revocation rights into full play. The imperfection of thelegal responsibility bounds to affect the smooth operation of the system. This paper will putthe legal liability as an entry point to deeply analysis of the legal liability which arising fromthe revocable actions in bankruptcy, find the deficiencies, and propose the correspondingperfect way. The main content of this paper is divided into four parts:The first part, by introducing the concept and the main constituent conditions of therevocable actions in bankruptcy, it leads to the legal liability. At the same time, elaborate theconcept of legal responsibility, meaning and legislative developments.The second part, detailed analysis of the specific content included in the legal liability ofthe revocable actions in bankruptcy.The third part, conduct a comprehensive study on the civil liability and Criminal liabilitywhich is caused by the revocable actions in bankruptcy, thus found the inadequacies.The fourth part, in response to the disadvantages mentioned above, it put forward concretesuggestions on the legal liability of the revocable actions in bankruptcy in China.From the company facing bankruptcy to the completion of bankruptcy, it will be involvedin a variety of different rights and obligations. If there is no liability, it will lead to thecondition of losing control of their rights and no one undertakes obligations. Therefore, toperfect the legal liability of the legal liability of the revocable actions in bankruptcy is not only benefits to the stability of bankruptcy order, but particularly important for the orderlydevelopment of the social economy.