Study On The System Of Revocation Right In Bankruptcy Proceedings

The core value of law is fairness and justice.In the bankruptcy procedure,the debtor's payment to the creditor should reflect the fair value orientation.However,when the enterprise fails to pay off all its debts due to bankruptcy,either the debtor or the creditor may evade the law for their own interests.For the sake of ensure that the creditor can receive compensation,it must be exercised the right of bankruptcy cancellation,which aims to cancel the debtor's improper repayment,so as to restore the property to its previous state and guarantee the fair distribution of other creditors.The study of the enterprise bankruptcy law in China started late,the legislative provisions are not mature enough,and the bankruptcy revocation right is still insufficient.Therefore,based on China's judicial practice,it is urgent to learn from the advanced system of other countries,and constantly enrich and improve China's system of bankruptcy cancellation right.First,through the case analysis of the judge's judgment basis,combing out the focus of controversy.Thus leads to the bankruptcy revocation right in the judicial practice of the existing problems.Second,from the basic theory of bankruptcy revocation right,which defines the basic concept,expounds the historical development,analyzes the relationship between bankruptcy revocation right and bankruptcy revocation right in civil law,reach the two behavior types of bankruptcy revocation right,and expands the constitutive elements of bankruptcy revocation right.Third,the paper analyzes the main problems existing in the exercise of bankruptcy revocation right in China:whether malice should be a subjective factor in bankruptcy revocation,small scope of the preferential transfer,the bankruptcy administrator is lazy in exercising the right of Bankruptcy Rescission,and the debtor can exercise the right of Bankruptcy Rescission in the process of bankruptcy reorganization.Fourth,Put forward some suggestions for our country's bankruptcy revocation right,including confirm the subjective state of the exercise of the bankruptcy revocation right,making clear the scope of the biased payment exception,improving the incentive mechanism and punishment mechanism of the administrator,and definiting the bankruptcy revocation right of the debtor in the bankruptcy reorganization.