An Empirical Study Of The Determination Of Creditors’ Avoidance Rights

The development of the market economy to today,a variety of economic activities and interaction is exceptionally close,legal relations are complex and changeable,in practice,debtors against commercial integrity and abuse of rights are common,some debtors of the malicious evasion of debt,to the market transaction security caused a great hidden danger,resulting in many creditors even if they win the lawsuit,their claims can not be effectively protected.Therefore,the creditor’s avoidance action has become a very necessary action to protect the realization of claims.The special system of creditor’s right to exercise avoidance is undoubtedly one of the core systems for the protection of claims,which together with the creditor’s subrogation system constitutes the debt preservation system.The development of the creditor’s avoidance action originates from the law gives the creditor the right of avoidance,China’s creditor’s right of avoidance system as early as in the original "Contract Law" has been clearly stipulated,the "Civil Code" after the promulgation of the system has been further improved.Since the promulgation of the Civil Code,the number of cases of creditors’ right of avoidance has been high,but in judicial practice,there are often different judgments on the issue of whether the debtor’s transaction with a third party affects the realization of the creditor’s claim.In this paper,the judicial determination of the avoidance right of creditors is discussed in four chapters.The main part of this article is divided into four chapters.In the first chapter,three typical judicial cases are selected to identify the general points of disagreement in judicial practice regarding the determination of creditors’ avoidance rights;in the second chapter,the concept and nature of creditors’ avoidance rights are elaborated and a comparison between creditors’ avoidance rights and related systems is made;in the third chapter,the main factors affecting the determination of creditors’ avoidance rights and the problems existing in practice are further analysed through the analysis of 80 adjudication documents.Chapter 3,through the analysis of 80 adjudication documents,further analyzes the main factors affecting the determination of creditors’ avoidance rights and the problems in practice.Chapter 4,based on the analysis of the normative connotation of China’s creditor avoidance system and the summary of practical problems,proposes targeted improvement suggestions for the expansion and development of the function of China’s creditor avoidance system.