| The right of bankruptcy revocation is a relief right for creditors in the field of bankruptcy.It is exercised uniformly by the bankruptcy administrator on behalf of the interests of most creditors.This right embodies the fair value of the law,and fully ensures that the overall interests of the creditors of the bankrupt enterprise are effectively protected.After searching the bankruptcy revocation rights dispute cases in the past five years,it was found that the bankruptcy revocation rights disputes with banks as parties accounted for a very high proportion of all the bankruptcy revocation rights disputes.After selecting these banks as parties’ dispute cases according to certain screening criteria,the empirical analysis method was used to systematically analyze the judgments of such cases,and it was found that the probability of applying the bankruptcy revocation right to banks was as high as more than half,that is to say,bank claims Usually faced with the dilemma of being cancelled.The repayment rate of such market entities in bankruptcy cancellation rights disputes is generally low or even unable to receive any repayment.In the long run,it will inevitably have an adverse effect on the realization of the interests of banks as an important market entity..In addition,it is concluded that the application of bankruptcy revocation rights to banks in judicial practice is mainly based on the following two types of behaviors by the bankrupt debtor within the critical period: one is to provide property guarantees for previously unsecured debts;The liquidation behavior of creditors.Under these two main types of behaviors that apply the right of bankruptcy revocation,there are many typical behaviors that apply the right of bankruptcy revocation to banks,which are also worthy of our attention.On the basis of having a certain grasp of the current judicial status of such disputes,it was discovered that the judges tried this type of disputes,from the identification process to the final judgment result,in fact,some problems have been exposed.For example,there are problems in the identification of some revocable acts,as well as some problems in the application of bankruptcy revocation power legislation.In order to improve the application of bankruptcy revocation power to banks,avoid excessive damage to bank rights.my country can start with legislation and set critical periods for different subjects;learn from foreign advanced legislative models,improve the types of revocable behaviors,provide accurate legal basis for judges in trials,reduce disputes in the application of bankruptcy revocation powers,and The realization of the scientific and reasonable application of the bankruptcy revocation right truly demonstrates the ultimate intention of the establishment of the right.Figure 0;Table6;Reference50. |
