Study On The System Of Right Off The Bankruptcy

Off Right System emerged in Roman Law periods.Due to its convenience and fairness,it has been adopted by modern countries and enhance becoming an integral part of thelegal system of Civil Law. During the formation process of bankruptcy system, the Systemof Right Off has also been introduced to the field of bankruptcy law. China adopted a new"Bankruptcy Law" in June1,2007. Compared to the old " Bankruptcy Law",the new onehas been a breakthrough for bankruptcy.However, the System of Right off the bankruptcyin China is still not perfect, there has been a lot of controversy in the judicial practice.Improving the bankruptcy system is still expecting further academic research.Study on andimprove the System of Right off the bankruptcy has great significance in practice andacademic, solving the disputes of executive right, ensuring the interests of creditors,balancing the relationship between creditors, debtors, society and the state. In conclusion,it is a recent urgent bankruptcy law issue that need to be solved.This study focus on the design of the system by combining legal theory and usingvarious methods such as deductive, empirical analysis, literature research, comparativeanalysis and value analysis. First, using the deductive and empirical methods to define thebasic content of the bankruptcy and to analysis the nature, the theoretical controversy andthe interest conflicts of insolvency set-off rights,and to analysis the legal issues thatprobably have been caused or will be caused by above reasons.Then to explain thenecessity of promoting insolvency set-off rights.Second,defining the concept of bankruptcyby using the methods of concept analysis and practice. The differences are found anddeeply explained between Civil Law and Bankruptcy Law by making analysis ofregulations.At last, using legal theory and value analysis to make the specific institutionaldesign for China’s insolvency set-off rights regimes.It proposes the legislation principlefor the right system of bankruptcy and the provisions of bankruptcy off right, sets up alimited power for bankruptcy administrator to executive set-off rights, and define thebusiness bankruptcy claims that are prohibited.Aiming to improve our bankruptcy systemoff right, this study puts forward scientific proposals for legislations.