On Bankruptcy Revocation Litigation

Bankruptcy revocation right is an important institution of bankruptcy law，whilebankruptcy avoidance litigation is a vital procedure to ensure that the bankruptcy revocationright could be come true. Bankruptcy avoidance litigation is that the insolvency administratorsues to the competent court to cancel the bankruptcy proceedings requisition for all theinterests of creditors implemented within the statutory period, and against the behavior of theestate. It is favor of a fair trial of insolvency proceedings and cases, and Protecting thelegitimate rights and interests of the parties，guaranteeing equitable distribution of the estate,and maintaining the normal social and economic order. Since2007, the China’s bankruptcylaw has been implemented, and bankruptcy revocation and bankruptcy avoidance litigationalso has got a clear specification. Experts also conduct to the litigation system research, andget plenty of achievements, however, the bankruptcy law develops slowly, and the content oflaw still has defects, there is anything else about it in the achievements. This paper intends todiscriminate the content of the right of bankrupt, and some of procedures on bankruptcy right,in order to discuss of all aspects about the right of revocation, and also wish that acquire somebest ideas to improve the level on it.This article is divided into six parts. The first part introduces the bankruptcy revocationlitigation and related concepts. Including cancellation right of civil law, bankruptcy,bankruptcy and bankruptcy revocation right of revocation right litigation related to thedevelopment of the concept of evolution, the related concept connotation and the mutualrelationship. Bankruptcy revocation right is based on the principle of the right of revocation.They have a close relationship. Bankruptcy revocation is there as a special form of right ofrevocation. They both exist in the connotation of the identity and also have many differencesin the specific applicable. Bankruptcy revocation litigation properties according to thebankrupt property right of revocation, in the academic circles also have different opinions.The author thinks that bankruptcy revocation litigation can be understood as a form ofaction of formation with performance, while also asked that the academic circles andlegislation in developing considered different conflicts of interest and coordination so as toavoid bankruptcy revocation right is being abused by creditors. The second part focuses on the body of the extraterritorial bankruptcy revocationlitigation. We can see through the bankruptcy process Settings that, usually the bankruptcylaw in bankruptcy proceedings by bankruptcy administrator exercise the cancellation right ofbankruptcy, but the exercise of its cancellation right eventually benefit main body is the wholecreditors. So Bankruptcy administrator and bankruptcy creditors could be conflict between thebankruptcy creditors which need to coordinate. In the bankruptcy avoidance litigation, theplaintiff requested to cancel the behavior of some refunds may involves property problem, inthis case bankruptcy revocation litigation parties also have corresponding difference.The third part is the content of the extraterritorial bankruptcy revocation litigation ofconstitutive requirements. In the review for bankruptcy revocation right outside the maincountries litigation and on the basis of the constitutive requirements of the legislative situationto theoretical analysis of bankruptcy revocation right of subjective and objective elements,mainly elaborated revocable behavior patterns of behavior and bankruptcy of the subjectiveelement of the cancellation right, critical period, etc. The third and fourth part of this paper isto provide model to complete the bankruptcy revocation litigation in our country whichfollowed in the article.The fourth part mainly elaborated the bankruptcy revocation right litigation of burden ofproof. According to our country’s legislation and theory fill a vacancy. Through differentbankruptcy revocation right, with each type of litigation proof requirement analysis showedthat the specific content. Through different bankruptcy revocation right, with each type oflitigation proof requirement analysis showed that their specific contents. The specific contentof different types of litigation also reflected the litigious of bankruptcy revocation litigation.The fifth part discusses the effectiveness of bankruptcy revocation litigation, whichincludes bankruptcy revocation litigation’s jurisdiction, cancellation right form, contentvalidity and formal validity.The sixth part, based on the above statement and summary, according to our country’sbankruptcy law and the provisions of the civil procedure law，on the improvement of thesystem of bankruptcy revocation litigation development respectively in terms of entity andprocedure put forward opinions and suggestions.