The Research Of The Creditor’s Right Of Rescission

The legislation of our country for debt security system are the main guarantee of debt and debt preservation system, and the creditor’s right of cancellation as the debt preservation system in an important part, mainly lies in the protection of the right of the debtor malicious whole infringement. Law as a social security system reform, promote social and economic development becomes more and more important, in line with the legal system of market trading rules will make the market more safe and stable, can save the cost of exchange, and fully mobilize the vitality of the market, let the market main body to and willing to engage in market transactions. However, due to the lag of legislation itself, along with the changes of social life, the transaction mode is becoming more and more complex,the legislative provisions began to lag behind the social life, could not solve all the problems in economic intercourse. Emerge in an endless stream of malicious skip the main body of the market, leading to a lot of creditors have clear rights, even if win the lawsuit,the debtor has no property available for enforcement, the creditor’s rights are not effectively protected, security of the market transaction has a lot of problems, seriously restricting the conduct of the transaction. The breakthrough of various typical household problems appearing in this paper from the practice, summed up the characteristics of the system of creditor’s right of rescission, expounds the positive role of the creditor’s right of rescission and the existence of the practical difficulties, a comparative study of the countries（regions） on the creditor the right to revoke the legislation and judicial situation, put forward the related legal problems, the creditors’ right of revocation system the value orientation of the creditor’s rights, protection and third transaction security, and finally puts forward several points of creditor’s cancellation right system improvement suggestions.