Study On Legal Issues Of Preserving Debtor's Creditor's Rights To Others

With the increasing speed of economic circulation and the rapid development of social change,creditor's rights have become an independent economic force.Creditor's rights and real rights are both property rights in social economic life and the main manifestation of social wealth.Therefore,the debtor's claim to others is to some extent an important property clue for creditors to realize their claims.Like other property preservation,the preservation debtor aims to prevent the debtor from transferring or disposing of the creditor's rights maliciously and to protect the creditor's rights and interests from infringement.However,China's legal provisions for the protection of the debtor's claims against others are still imperfect,the preconditions for the protection are too harsh,resulting in many obstacles to the protection of creditor's rights,has seriously hindered the realization of creditor's rights.Through qualitative analysis,comparison,theory and practice,this paper explores the legal issues related to the protection of the debtor's creditor's rights,with a view to improving the system.The text contains over 20000 words and is divided into three parts:The first part is the outline of our creditor's rights preservation procedures.Firstly,this paper expounds some concrete norms of creditor's rights preservation procedure and the current situation of its application,and then combs the legal basis and significance of the procedure.These are the questions that need to be clear about the related legal issues of the procedure of creditor's rights preservation.The second part is about the legal issues related to the procedures of creditor's rights preservation.From the review standard,legal effect and conflict of rights of the creditor's rights preservation procedure,and through comparative analysis,the paper focuses on the relevant legislation in Britain,France,Germany,the United States and Taiwan,and analyzes the relevant legal issues of the creditor's rights preservation procedure in China.The third part,our country creditor's rights preservation procedure's consummation suggestion.This part puts forward corresponding improvement suggestions from three aspects: relaxing the examination standard,optimizing the legal effect,and perfecting the right conflict resolution mechanism,in order to ensure the effective operation of the creditor's rights preservation procedure and ensure its proper function to play effectively.