Research On The Exception For The Scope Of Avoidance Power In Bankruptcy Law

Article 31 and Article 32 in the Bankruptcy Law list the scope of the avoidance power and regulate the exception. But the articles are regarded quite abstract because of the lacking of specific requirements and restraints. The vague definition of the repayment of debts is beneficial to the debtor's property increases the difficulty of applying this exception clause.However, before the bankruptcy procedure begins, the acts of the creditor and debtor are likely to be for the normal operation of the enterprise. If all these acts will be voidable without discerning,the interest of the innocent creditors would be negatively influenced. What's more, it would become very difficult to eliminate the misgivings of the creditor that their dealings could be avoidable. Consequently, the normal business efficiency and stability will be violated.This paper is purposed to give some suggestions on the perfection and modification of the statutes on the avoidance power, by analyzing the U.S. statutes and relevant research on that matter as well as basing on the current practice and legislation in PRC bankruptcy law.