Research On The Right Of Retrieving In Bankruptcy Law

Bankruptcy system is an important content of commercial law, especially after the Eighteenth National People's Congress, which put forward China's economic transformation and upgrading that will phase out a large number of enterprises. In insolvency proceedings the most important of which was insolvency distribution of property as it not only to the bankrupt's bankruptcy process, more importantly, affect the vital interests of the creditors, so clearly the scope of the estate in bankruptcy proceedings as the primary bankruptcy Recall Right refers that the insolvent property received by Bankruptcy Trustee may include others property which doesn't belong to the bankrupt, therefore, the owner of the property like that can take back his property, not according to the bankruptcy procedure. The full text is divided into three parts, taking back to the bankruptcy power by carrying on meticulous of analysis.The first part gives a introduction of the basic theory of the Bankruptcy Recall Right system. It introduces the concept of the Bankruptcy Recall Right, law property and the value of the Bankruptcy Recall Right.The second part expounds the current legal provisions of the general recall right and the sell's retaking right. Put forward the problems existing in the current law, lack of the provisions of the trustee-trader recall and compensatory recall. The part is about the analysis of the problems in the exertion of Bankruptcy Recall Right.The last part is about the proposal the writer put forward to perfect the Bankruptcy Recall Right system. Based on the analysis forward, the writer gives the relative advice aiming at the legislation actuality of our country, including the fit time of exerting the right,the time limit of exerting the right and the import of the Recall Right of the compensation an so on. China should improve the legislation of General Recall Right. And the Recall Right of compensation should be established as soon as possible.