The Protection Of Creditors' Interests In Bankruptcy Rescission System

Enterprises are the most important part of the market economy,which is creating wealth and providing jobs.The survival of the fittest is the product of market competition.Enterprises may fall into a crisis and face closure in the fierce market competition.Bankruptcy law is to provide a mechanism for enterprises to exit smoothly.Conflicts of interest between the parties are very intense at the bankruptcy proceeding.Bankruptcy law provides for a number of systems to balance the interests of all parties.In order to Protecting creditors' interests,bankruptcy rescission system has been established.Our bankruptcy law was enacted in 2006.It is filled the old law on the relevant provisions of bankruptcy rescission.With the continuous development of society,there have been many new developments.Chinese economy has also entered a period of slow growth after 2008 global economic crisis.Especially in recent years,many industries have overcapacity.Many Enterprises were into a business crisis.Although the Supreme Court announced a series of two judicial interpretation of bankruptcy law,they can't solve the problem of the bankruptcy revocation system in practice.This article discusses from four aspects:first,I expounded the basic theory of bankruptcy rescission right.I also discussed the concept and characteristics of bankruptcy rescission right.With the legislative value of modern bankruptcy law changes,the principle of fairness and balance of interests principle should be followed.Second,I research the reason of protecting the insufficient benefit of bankruptcy creditors.In the part,I investigate substantive and procedural issues.Third,I focused on the extraterritorial system to inspect,e.g.Germany,the United States,Japan.I want to through the analysis of its system to perfecting the system of bankruptcy revocation system in our country.I provide some suggestion that legislator the should to complete to legislative pattern of revocable,the program,related transaction and bankruptcy administrator system.