China's Enterprise Bankruptcy Revocation Of The Right To Study

The right of bankruptcy rescission , refers to the right of revocation of the bankruptcy procedure bankruptcy case acceptance of the bankruptcy debtor before the statutory period (or says the critical period or the fraud suspected period) to all of the creditors or damage to the creditor pay off behavior, a fair, apply for a court denying its effect, and shall be revoked this behavior will produce because the behavior of return property interest the bankruptcy property rights. The right of bankruptcy rescission regulate the behavior of various escape debts, protect the lawful rights and interests of creditors so as to ensure the realization of the function of the system. So the right of bankruptcy rescission is not only an important part of the bankruptcy code, and plays a vital role in bankruptcy law. However, the current enterprise bankruptcy law of China on the right of bankruptcy rescission involves only the few terms, its regulations are too principle, compared with foreign mature legislative cases also has the big gap. Research on the right of bankruptcy rescission are weak.The right of bankruptcy rescission without the specific operation of right of revocation supporting implementation rules, also do not have relevant judicial explanation, lead to judicial practice fraud, transfer about bankruptcy property of the bankruptcy judge behavior when the right of bankruptcy rescission can follow that lack of deeply norms and applicable legal standards. Therefore, research the right of bankruptcy rescission has important significance on theory and practice. This paper firstly from the based theories of the right of bankruptcy rescission, the concept, nature of law, historical origin, inefficient system and the right of revocation of system relations, legislative cancelation of the right of revocation right of revocation, bankruptcy and rationality , the basic value in our bankruptcy law is expounded. Secondly, illustrates the right of bankruptcy rescission of our bankruptcy law, analyses the cause of the problem in practice. Again, analysis of overseas mature relevant provision, solve our problems. Finally, puts forward related suggestion. Hoping that it will contribute to the improvement of bankruptcy revocation rights.