Study On Bankruptcy Offset Right

The bankruptcy offsetting right extends the provisions of the civil law regarding offsetting in the bankruptcy law.The implementation of China's bankruptcy law is not long.The provisions of bankruptcy offsetting rights are not strict enough and there is lag in practice.It is necessary to further improve the theory and practice of bankruptcy offsetting rights,and it is of great significance to adapt to the development of social economy.Debtors can defend their own claims by offsetting them,which can reduce the cumbersome enforcement procedures and high litigation costs when paying off debts.The exercise of bankruptcy offset rights shall be restricted from the relative person,mode,period,etc.of the exercise;from the interests of all creditors,debtors and other relevant personnel,the interests of each creditor shall be better balanced,and each person shall be minimized.The loss of the interest.At present,there is no specific legal provision regarding the bank's right to bankruption against lenders.There is no distinction between the property rights of both lenders and depositors.This has a crucial impact on the protection of the interests of debtors and creditors,so banks must distinguish between the two.There are still many shortcomings in the judicial practice regarding the use of offsetting specific procedures and theories,which need to be resolved as soon as possible in the practice of bankruptcy offsetting.There are corresponding regulations on the bankruptcy offsetting rights.The procedures for basically exercising are the same but there are also individual differences,all in order to reduce the waste of judicial resources and better protect the interests of creditors and debtors.This article is mainly explained from four parts.The first part is written from the summary of bankruptcy offset,the provisions of the civil law and bankruptcy law on offsetting the basic theory,mainly reflected in the relevant provisions of the bankruptcy offset right and the civil law.Similarities and differences.The second part is to summarize the contents of bankruptcy offsets from abroad,mainly to understand the specific provisions and exercise procedures of other countries and regions onbankruptcy offset rights,so as to learn from and learn about the specific practices of banks in exercising bankruptcy offset rights.The third part elaborates from the status quo and the shortcomings of China's bankruptcy offsetting rights,mainly analyzes how China uses and handles the bankruptcy offsetting right in practice,so as to summarize the differences between theory and practice.The fourth part is to improve the shortcomings in the practice of offsetting,mainly to establish and improve the bank's specific provisions on bankruptcy offsetting.After the bankruptcy proceedings are initiated,the creditors and banks will balance the rights and interests of the parties while reducing the justice.Waste of resources.