Research On The Condition Of Exercising The Revocation Right Of Biased Behavior

The revocation right of biased action is an important way to balance the interest conflict among creditors in bankruptcy law.At present,there is a lack of generality and special provisions in the conditions for exercising the revocation right of biased behavior in China,which leads to the problems of inaccurate determination and leading demand in the judicature.Presumption theory research has focused on the subjective aspect of malicious and exceptions,detailed biased behavior cancellation right exercise conditions should be insisted on social multi-level interest measure and the overall efficiency of the highest value premise,grasp the relative person's subjective requirements as the core of responsibility attribution,and at the same time explore the logical relationship between the elements in the objective requirements.On the premise of adhering to the combination of subjective and objective logic,this paper analyzes the case of special related persons,guarantees the sufficient and reasonable application of legal reasoning,and constructs a mature and complete system of conditions for exercising the revocation right of biased behavior.The first part of the article is the legislative status of the exercise condition of the revocation right of biased behavior in China.Taking the provisions of the bankruptcy law on the exercise conditions as the basis and the specific application in the judicial trial as the effect,it can be seen that both the provisions of the current law and the judicial logic are not suitable for the problem.By analyzing the defects of the current legislation,it can be concluded that the current conditions for exercising the revocation right of biased ACTS are lack of specific provisions,lack of general exercise conditions and neglect of subjective requirements.The correct understanding of the problem is the premise to solve the problem,and the legislative and judicial exposure of the problem for the exercise of the right to withdraw biased behavior to provide the solution direction and governance objectives.The second part is the theoretical basis of the article and the study of legislative logic.First of all,through the restatement of the nature and value of the conditions for exercising the revocation right of biased behavior,the dissimilation analysis of these two problems in the theory is clarified.The revocation right of biased behavior is comprehensive and cannot be discussed in detail.At the same time,the value of legislation should insist on fairness and efficiency,and the conditions for exercising the right of revocation of biased behavior can only be guaranteed to meet the purpose of legislation based on the right value.Secondly,it should sort out the legal basis for exercising the right of revocation of biased ACTS,ensure that the provisions of exercising the right are directed by the interests balance of the creditor and the purpose of the right of exclusion,and carry out corresponding research on the specific exercising conditions based on the principle of tort liability for the logical thinking of exercising the conditions.This paper analyzes the basic theory and logic of the exercise condition of the revocation right of biased behavior,makes the demonstration of the exercise condition more substantial and convincing,and provides a theoretical source for legislative improvement.The third part is to analyze the foreign provisions on the exercise conditions of the revocation right of biased behavior through comparative law.The different legislative choices between the case law countries represented by the United States and the statute countries represented by Germany and Japan can reveal the value determination of the different conditions for exercising the revocation right of biased ACTS.There are differences in the way of exercising conditions,the determination of objective elements and the requirements of subjective requirements.Different legal systems have different emphases on exercising conditions of revocation right for biased ACTS.Such differences are not good or bad.China can fully absorb the legislative experience of the two legal systems and provide new ideas for our legislation.The fourth part is the Suggestions of legislation.The exercise conditions are divided into general exercise conditions and special circumstances.Objective elements are not isolated from each other,but elements with internal logical structure.The selection of subjective elements is the key of legislative logic and the best means to protect the bona fide counterpart.The analysis of special cases is also an unavoidable problem in the application process,but it is not necessary to set up an exception case for the bankruptcy law,only to make a special explanation of the distribution of the burden of proof of the related parties.