On The System Of Bankruptcy Revocation Right

The "Enterprise Bankruptcy Law of the People's Republic of China" is formulated on the basis of foreign bankruptcy legislation and advanced practical experience,combined with the state of social and economic development of the country.The law stipulates three bankruptcy procedures for bankruptcy liquidation,reorganization and reconciliation,and sets up Bankruptcy legal system such as bankruptcy administrator,creditor committee,bankruptcy revocation right.Among them,the bankruptcy revocation right system and the bankruptcy invalidation system have a powerful guiding role in judicial theory and judicial practice,effectively balancing the legitimate rights and interests of the parties such as creditors and debtors,fully embodying the fairness and efficiency,equality and integrity of the bankruptcy law.the rules.The bankruptcy revocation right system is an important system in the bankruptcy law for safeguarding and realizing the legitimate rights and interests of creditors and ensuring that creditor's rights can be fairly compensated.However,its provisions are relatively framework-oriented,legislation is too abstract,and there are no detailed and specific procedures and implementation rules.There are still some problems and shortcomings in terms of legal attributes,constituent elements,applicable situations and other aspects of the entity,so that they have not played their biggest role in judicial practice.This paper mainly combines the relevant provisions of China's current Enterprise Bankruptcy Law and judicial practice cases,proposes to improve the bankruptcy revocation right system,reduces the obstacles in the operation and implementation of the bankruptcy revocation right system,and makes the bankruptcy revocation right system in the judiciary It is more effective in practice.The introduction of this paper focuses on the research background and purpose of the bankruptcy revocation right system,the research summary and research contents and methods at home and abroad,and intends to introduce the problems to be discussed in this paper through the study of the bankruptcy revocation right system.The main body is divided into three parts,the first part focuses on the overview of the right to rescind bankruptcy,including the development of the origin of the right to rescind bankruptcy,the concept,legislative purposes,legal elements and the civil law sense of the right to rescind comparative application.As the relationship between the General Law and the special law,the right of rescission of bankruptcy develops from the right of rescission of civil law.The second part mainly analyzes the application of the right of revocation of bankruptcy.This paper holds that the problems in the application of the right of rescission in bankruptcy in theory and practice are mainly manifested in the unclear legal attributes,the unsound constitutive requirements,the single scope of applicationand the single type It makes it difficult to judge and identify the revocable act reasonably in practice,which leads to the situation that the discretion is too large and there are often different judgments in the same case.The third part is mainly on the basis of the research of the first two parts,aiming at the disputes and defects existing in the process of theory and practice,the legal countermeasures are analyzed In order to avoid judicial confusion in practice,we should make clear the legal attribute of the litigation of the right of cancellation of bankruptcy,perfect the judgment standard of the condition of exercising the right of cancellation of bankruptcy,perfect its constitutive elements,make the right of cancellation of bankruptcy apply reasonably and identify properly;The main way to regulate the application of the right of cancellation of bankruptcy is to perfect the legislative provisions,that is,to add a bottom-covering clause in Articles thirty-one and thirty-two of the bankruptcy law,to make the act of cancellation more detailed and avoid legal loopholes.Of course,there are revocable acts,there will be cases of its exclusion,etc.