Theory Of Bankruptcy Revocation Right Systemof Our Country

Enterprise is one of the important participants of the market economy,and its essence is "a kind of resource allocation mechanism".Therefore,the benign operation of an enterpriseplays an important role in the orderly development of market economy.Bankruptcy is one of the ways in which enterprise operates positively,andwhen poor management caught in the enterpriseleads to bankruptcy and liquidation,the bankruptcy law as one of the coordinatorof regulating enterprise bankruptcy,through legal norms makesthe enterprise orderly exit from the market,and protects thefair and reasonable settlement of creditors,and safeguards the legitimate rights and interests of creditors,the debtor and other stakeholders.When the bankruptcy debtor has the improperly discharging behavior and fraud behavior,the bankruptcy law through bankruptcy revocation right system regulates these behaviors.Bankruptcy revocation right prior to the activities of the start of the bankruptcy procedure is established.When the enterpriseis in a bankruptcy or is expected in a bankruptcy case,for various interests,the debtor may perform the behaviors of improper reduction property or unfair trading,which causes deterioration of the debtor's property,and which will damage the overallinterests of the creditors.So,the bankruptcy law must to regulate the behaviors.Bankruptcy revocation right system in order to prevent thesebehaviorsof the debtor is set up by.Bankruptcy revocation right,points to that themanager for the fraud and unfair settlement behaviors of the debtor within the legal time limit at the front of acceptance of the bankruptcy petition,has the right to apply for the court to revoke these behaviors and recover property.The chapterin the debtor's property of the law of the People's Republic of China on enterprise bankruptcy lawimplemented in June 1,2007 is to established the bankruptcy revocation right system,which plays an important role to protect the integrity of the bankruptcy property.But only two lawarticles,31 and 32,do not to establish complete bankruptcy revocation right system,which is not conducive to protect theinterests of the creditors and other stakeholders.From the point of law in our country,the object of the revocation right shall be limited to bankruptcy fraud behavior and partial compensation payment behavior,and regulates separately the applicable situations and the time range of the two revocable actions.But the bankruptcy consequences of cancellation right and so on is not specified.Bankruptcy revocation right legal system in foreign countries as a reference,at the same time,it must be based on the existing law and theory research in China,in the case of ensuring the harmonious and unified legal system,to perfect the bankruptcy revocation right system of our country.This article discusses the bankruptcy revocation right systemmainly from three aspects.Firstly,the overview of bankruptcy revocation right system in our country,one by one,discusses the establishment of bankruptcy revocation right system in our country in the legislation,and the legal features,legal nature,constitutive requirements,scope of application and system value of our country bankruptcy revocation right to figure out what is bankruptcy revocation right.Secondly,on the basic of the theory discussing the rationality and deficienciesof the bankruptcy revocation right system in China.From four aspects elaboratingthe advantages of the bankruptcy revocation right system in our country.And revealing the problems of the bankruptcy revocation right system in the legislation and in the judicial practice.Thirdly,discussing how to perfect the bankruptcy revocation right system in our country.Analyzingthe existing problemsmainly from the flaws of the lack of legislation,constitutive requirements,the lack of legal responsibility of the manager from three aspects,to reveal the problems that need urgent resolution of the bankruptcy revocation right system in our country.For the perfection of the legal system,mainly from the elaboration law the complete constitutive requirements,and the improvement of the manager system,putting forward the suggestions to solve the problems.