Study On The Right Of Set-off In Bankruptcy

The role that right of bankruptcy offset plays in social and economic development ismore and more significant. And the establishment of right of bankruptcy offset is theneed of the development of social economic. In civil law, offset is one method ofeliminating debt. Therefore, scholars generally agree that the right of offset inbankruptcy law from offset right in the civil law is the further development in the fieldof bankruptcy law. In the process, right of Bankruptcy offset has formed its owncharacteristics.Compared with other systems in the bankruptcy law, the study of right of bankruptcyoffset is relatively small and the scholars don’t have a unified view, especially aboutbankruptcy offset system of laws and regulations are not complete, there are a lot ofloopholes. Over the years, our country also has successively introduced a number oflaws bankruptcy law, and made our country’s bankruptcy offset system progress rapidly,although say so, but there are still a lot need to improve. In order to make our countrybankruptcy offset system to constantly adapt to the development of social economy,therefore, experts and scholars need to pay more attention to investigate, meticulous toperfect.The article content includes four parts, many problems on bankruptcy offset system inChina is pointed out, and as specific as possible solutions aimed at the problems arelisted. The first part is the basic theory of right of bankruptcy offset. Firstly, the first partdefines the meaning of right of bankruptcy offset, and then has carried on the analysis ofthe nature of right of bankruptcy offset, finally analyzes the three kinds of right ofbankruptcy offset effect. The second part is outside the legislative cases andcomparative analysis. The part on the outside on the provision of right of bankruptcyoffset focuses on the several typical system of right of bankruptcy offset of the country,such as Japan, Germany and Taiwan of our country. In addition, the second part is toevaluate the above several legislative cases, several legislative case of right ofbankruptcy offset are preliminarily the same or different parts of the system. The thirdpart is about the existing problems and the current regulations in our country. In this part,it analyzes the existing regulations of our country’s bankruptcy system of offset, andputs forward exist, many typical problems on our country bankruptcy law to be solved.The final part of the article is about the suggestions of perfecting our country’s right of bankruptcy offset. This section corresponds to the third part of the current problems inthe bankruptcy offset system in our country, and puts forward some concretesuggestions to perfect the system of right of bankruptcy offset in our nation.