An Empirical Study On Creditor's Cancellation Right

From the perspective of judicial practice of the creditor's cancellation right,the paper chooses 55 cases,aiming to discover the problems from practice,and combining the theory of the creditor's cancellation right,to perfect the system of creditor's cancellation right.The first chapter of this paper briefly introduces the basic situation of these 55 cases about the creditor's cancellation right,including their distribution,situation of litigation and the result of litigation.The second chapter analyzes the constituent elements of these cases,including the analysis of the plaintiff's basic creditor's rights,the burden of proof of the creditor's rights and the criterion of the damages,the burden of proof of unpaid transfer and the plea of the defendant to pay the price,the third person's malicious cognizance.The third chapter mainly analyzes the nature and validity of the creditor's cancellation right,introduces the theory through each doctrine,compares its merits and demerits,to analyze the validity of the cancellation right of creditors in our country,and points out the existing problems.The fourth chapter analyzes two kinds of special cases,including the cancellation of the creditor right in the divorce agreement and the debtor's abandonment of the inheritance rights.Finally,the conclusion part makes a summary of the full study,and put forward a proposal to improve the creditor's cancellation right system.