On The Improvement Of The Cancellation System Of Partial Payment In China

As an important type of bankruptcy revocable behavior,the partial discharge revocation system aims to protect the fair rights of all creditors and maintain the bankruptcy order of fair discharge,so it plays an important role in the bankruptcy law of various countries.At present,the provisions on the cancellation system of biased liquidation in the enterprise bankruptcy law of China are too general and broad,and the constituent elements and exception provisions of the cancellation system of biased liquidation are not clear,which will naturally lead to that the fair right of all creditors can not be fully guaranteed in the bankruptcy proceedings,and which liquidation behaviors of debtors should be applied biased in judicial practice There are often disputes about the cancellation system of partial payment.Based on the needs of theory and judicial practice,this paper defines the system of partial discharge cancellation,analyzes and understands the relevant theories of the system,and based on the current situation of legislation and justice in China,discusses how to further improve the system of partial discharge cancellation in China at this stage,and combines the provisions of the system of partial discharge at home and abroad,from the perspective of changing the bankruptcy law of China The legislative model of the system,the design of rules to improve the system and the supplement of exceptions are three aspects,and the feasibility of improving the system of partial discharge cancellation is proposed.