The Scope Of Application Of Bankruptcy Cancellation Right In China

Bankruptcy is the product of market economy development to a certain stage,once the enterprise enters the bankruptcy process is destined not to pay off all debts,both the debtor and creditors will be based on the pursuit of self-interest and make all sorts of the circumvention of the law,and even fraud,which requires to these behavior regulation,bankruptcy revocation right system arises at the historic moment.However,if the behavior of the debtor before the bankruptcy is revoked,it will also seriously impact the stability of the market order while damaging the interests of the counterparty.The bankruptcy law of China only lists 6 cases that are applicable to bankruptcy revocation,but it also stipulates the criteria for determining the right of bankruptcy revocation.This article attempts through the analysis of the application of the bankruptcy revocation right in our country present situation and the existence question,draw lessons from the relevant experience in the American bankruptcy law,combining with the value choice of the law,so as to extract the bankruptcy of the scope of cancellation right judgment standard,and bankruptcy scope of cancellation right is applicable to our country puts forward several Suggestions.This article first chapter through elaborates the basic theory of bankruptcy revocation right,to explore the history of bankruptcy revocation right,on the basis of the concept of bankruptcy revocation right is illustrated,and analyzes the nature of the bankruptcy revocation right and the corresponding characteristics.In this paper,the second chapter introduces the scope of cancellation right of bankruptcy in our country,to applicable bankruptcy revocation right transfers of property,giving up the maturity of the creditor's rights,trade the price which is manifestly unreasonable,to provide outstanding debts,property guarantee and individual pay off in details and so on six kinds of situations,and analyzes the specific problems of the applicable bankruptcy revocation right in our country the status quo.In this paper,the third chapter through reference to relevant experience in the American bankruptcy law,combining with the value choice of the law,so as to extract the bankruptcy of the scope of cancellation right judgment standard behavior of hazardous to the debtor,and according to the judgment standard,analyzes the bankruptcy revocation applies should be ruled out.The fourth chapter puts forward some Suggestions for the scope of application of bankruptcy revocation right in China.One is to clarify the substantive connotation of the bankruptcy revocation right;Secondly,it is necessary to adjust the exceptions to the scope of application of bankruptcy cancellation right;Thirdly,special restrictions should be imposed on the particularity of related transactions.