Research On Legal Issues Of Bankruptcy Revocation Right

The right of bankruptcy revocation is a powerful embodiment of the fair compensation and equity of the creditors in the bankruptcy law,The right of bankruptcy revocation is adjusted to the fraudulent behavior and the partial discharge, not only to maximize the property interests of creditors, but also to ensure the equal rights of creditors.The promulgation of the "bankruptcy law", which was revised in 2006, formally established the system of the right to revoke the bankruptcy law.After nearly ten years of practice, the bankruptcy revocation right litigation has been proved effective.But the application process also produced a lot of ambiguity.In view of the problem of the application of law in the exercise of bankruptcy revocation rights and litigation, the Supreme Court issued the "bankruptcy law" in 2013, two of the judicial interpretation, and further refinement of the bankruptcy revocation rights and litigation law.According to the provisions of the bankruptcy law and the judicial interpretation, combined with the judicial practice of the law applicable to the problem, combing the bankruptcy revocation of the substantive law and procedural law.In the substantive law, the obligee to exercise the bankruptcy revocation rights including subjective, and behavior during the period of three elements, the debtor before start the procedure of bankruptcy creditor equal right to indemnification malicious subjective judgment and objective harmful theory should be adopted, according to whether the behavior of creditor equality right to indemnification standard;The act of bankruptcy revocation rights not only includes the debtor's free behavior, abnormal trading behavior, preferential behavior, and other harmful acts, such as the revocation of law enforcement, but also should limit the scope of the above acts.In the procedural law, it should be scientific and reasonable to exercise the right of bankruptcy revocation period;The scope of the exercise of the right to revoke the right of bankruptcy not only includes the bankruptcy administrator, but also should include creditors and so on.When analyzing the above problems, some suggestions and countermeasures are put forward to improve the existing laws and regulations, in order to better protect the legitimate rights and interests of creditors in bankruptcy proceedings.With the rapid development of China's social and economic development, the new situation, new problems have emerged.The legal regulation of foreign bankruptcy law compared to the relatively sound, and our bankruptcy revocation rights legislation and foreign advanced legislative, indeed there is still a gap compared, coupled with emerging problems in practice. Therefore, it is necessary to study of the system. Reflection.This paper from the bankruptcy revocation rights and bankruptcy revocation rights litigation talks about the outline, and then through the bankruptcy revocation analysis of structure elements and scope of the litigation rights of the entity, procedural law of bankruptcy revocation of the subject of right of action, under the jurisdiction of the period, the issue of validity analysis, through literature research method, the value analysis method, empirical analysis and other methods, the problem is put forward, and then the corresponding views.The author chooses bankruptcy revocation litigation right legal issues as the research object, intended to by the bankruptcy revocation of litigation for right of entity and procedure, the existence of some defects are analyzed, put forward relevant legislative proposals, hoping to better improve bankruptcy revocation rights litigation legal system as far as possible a modest.