On The Right Of Bankruptcy Cancellation

Under the background that the law protects the business environment,as one of the core systems in the bankruptcy law of our country,the system of bankruptcy cancellation right plays an indispensable role in promoting social fairness and justice and maintaining the security of market transactions.The system of bankruptcy cancellation right refers to the system that when the company goes bankrupt,the bankruptcy administrator cancels the legal acts that are harmful to the rights and interests of the creditors made by the bankrupt debtor in a certain period of time before the acceptance of the bankruptcy application,so as to return the property and distribute it as the bankruptcy property.With the increasing number of bankruptcy cases,there are more and more cases with different judgments in the judicial practice.The theoretical circle of the bankruptcy law will also stay on the legislative level of the bankruptcy cancellation right system.Based on the current research on the bankruptcy cancellation right system,this paper further starts with the problems existing in the bankruptcy cancellation right system,and puts forward specific suggestions for improvement.Specifically from the following four aspects.First of all,based on the exploration of the origin and development of the bankruptcy revocation right,this paper sums up the connotation of the bankruptcy revocation right,distinguishes it from the creditors' revocation right in the civil law,highlights the characteristics of the bankruptcy revocation right,classifies the revocable actions,and probes into the exercise of the bankruptcy revocation right.Through the above basic theories,the following problems will be solved Under the foundation.Secondly,through the analysis of our country's provisions on the bankruptcy revocation right system,we find the shortcomings of this system,including the single legislative model of the revocable act,the inconsistency between the revocable act in the bankruptcy law and the revocable act in the civil law,the neglect of the influence of the subjective meaning on the effectiveness of the bankruptcy revocable act,the lack of exceptions or unclear provisions for the revocable act,and the absence of different revocable acts The critical period of revocation is divided into five questions.Thirdly,in view of the problems existing in our country's bankruptcy revocation right,this paper analyzes and compares the bankruptcy revocation right of the United States,Japan and Germany,which are relatively mature in other countries,and summarizes the experience suitable for our country's bankruptcy revocation right.Finally,combining with the first mock exam experience,and combining with the actual situation of bankrupt enterprises in China,the paper puts forward some suggestions for solving the problems,including: adopting enumerative and general models instead of single mode,linking up the revocable actions of bankruptcy and the revocable behavior system in civil law,introducing the status of subjective meaning in revocable acts,adding exceptions to the bankruptcy revocable acts and finalizing them.The critical period of good and detailed revocable behavior.The purpose of this paper is to standardize the revocable behavior,balance the interests between the creditor and the relative person,and realize the legislative purpose of "maximizing the bankruptcy property" and "paying off fairly" in the bankruptcy law.