The Research On Banks Exercising Setoff Right To Borrowers' Deposit In Bankruptcy Law

With the continuous advance of the national policy on cutting excessive industrial capacity and the introduction of the procedure of turning execution into bankruptcy,the number of bankrupt cases meets a steady increase.Among these cases,there is an unavoidable problem whether the banks can exercising setoff right to bankrupt enterprises' deposit as the largest group of creditors of the bankrupt enterprises.In judicial practice,because the application of relevant laws is not clear,the cases with similar facts are judged differently sometimes,and in the theoretical circle,scholars hold different views on this problem.Therefore,from the point of interpretation,on the basis of the existing bankruptcy law and other relevant laws,this thesis tries to analyse deeply the application of relevant law of banks exercising setoff Right to deposit under China's current legal system.And referring to foreign legislation,this thesis also analyses the social reasons why our country should allow the banks to exercise setoff right to borrowers' deposit in bankruptcy law.At the same time,to ensure the effective protection of rights and interests of all parties when the banks exercise setoff right in bankruptcy law,to achieve the "fair repayment of debts"purpose of the bankruptcy procedure,from the point of legislative purpose,fairness and justice,on the basis of full analysis and demonstration,this thesis also proposes suggestions to restrict banks rights and establish relief measures for the third party,hoping to optimize the system and unity the legal and social value on the problem of banks exercising setoff right to borrowers' deposit in bankruptcy law.