Comparative Study Offset Right In Bankruptcy

Though we absorb a lot of foreign legislation for reference at present, our country bankruptcy law is not rather detailed rules. Setoff Right is quite important to the interests of the relevant parties,caused the attention of the theory and practice in our country.The author analyses the bankruptcy offset system both at home and abroad and quotes some legislations, theory viewpoints. Due to the different legislation has the different orientation of the protection of the creditors or the debtor, countries around the world in bankruptcy offset can belong to two parties. Our country bankruptcy law allows the offset of the bankruptcy proceedings, we should make the elaboration and restrictions during the bankruptcy offset process. This article focus on the system of bankruptcy offset which the country allows insolvency offset, I hope make a meager force to consummate our country bankruptcy offset.This essay is divided into five parts:Part1:Based on the research of the theory of right of bankruptcy offset from all over the world and the interpretation of the bankruptcy law, to redefine the basic system of right of bankruptcy offset and to clarify the nature of right of bankruptcy offset the debate over a long period of time. Through the bankruptcy right of offset in the position in the bankruptcy law, and contrasting cancellation right, compare exemption right to clarify the role of right of bankruptcy offset in the bankruptcy proceedings.Part2:By comparing the legislation of right of bankruptcy offset in the restrictions, combined with examples, analysis the problems existing at present our country bankruptcy offset.Part3:By comparing’the different countries to exercise the right of offset in the bankruptcy proceedings, I hope bankruptcy right of set off has the enlightenment to our country.Part4:Make a concrete analysis to several kinds of special rights of bankruptcy offset, contribute to solve the exercise of right of bankruptcy offset difficultiesPart5:Viewing of the present status of the right of offset in the bankruptcy procedure in China, I put forward some suggestion to solve the problem. This paper argues that in adopting summarized and listed in parallel way to perfect our country’s right of bankruptcy offset.