A Study On The Judicial Application Of China's Bankruptcy Revocation Right

The bankruptcy revocation right is an important right that the administrator owns to protect the creditor's overall interests.However,Article 31 and Article 32 of the"Enterprise Bankruptcy Law" specifically stipulating this content are subject to a wide range of terms and complex reality.For reasons,there has always been a dispute on understanding in the application of justice.Based on the empirical analysis of 239 cases of bankruptcy revocation right,this article proposed that the understanding of China's bankruptcy revocation right law cannot be confined to the literal interpretation,instead it should focus on the interpretation of purpose to apply the right of bankruptcy revocation.That is to correct the debtor's improper disposal of property and protect the creditor's overall interests which serves as an important measure of whether debtors' behavior needs to be withdrawn.At the same time,in the application of bankruptcy revocation right,attention should be paid to the exclusion of subjective elements of actors and the protection of other interests.Only in this way can we accurately understand the meaning of the provisions of the bankruptcy revocation right and realize the correct application of the bankruptcy revocation right in the judicial practice.This article is divided into three parts:introduction,text and conclusion.The text consists of three chapters.The first chapter describes the selection method of the database and the cases.After statistical analysis,it collects and summarizes the 239 judicial cases collected,then forms a chart,and on this basis,examining the application of bankruptcy revocation right of China from the overall and specific aspects.The second chapter combines the dispute of China's bankruptcy revocation right in judicial practice and interprets the contents of articles 31 and 32 of the Bankruptcy Law in a pragmatic way,so as to enhance the understanding of the provisions of the bankruptcy revocation right.The third chapter through the exclusion of subjective factors and the affirmation of other interests,considers the value selection of bankruptcy revocation right and advances the accurate apply of judicial application.