Study On The Rule Interpretation Of "Benefiting Debtor Property" Of Bankruptcy Revocation Right System

In the Enterprise Bankruptcy Law,"benefiting the debtor’s property" only occurs in the exception of the bankruptcy avoidance system specified in Article 32.In addition to benefiting the debtor’s property,there are three other conditions: the reason for bankruptcy,the period of six months before the people’s court accepts the bankruptcy application,and individual liquidation.These three conditions are not controversial in the theoretical research and judicial trial of the bankruptcy avoidance category.Of course,the cause of bankruptcy is an important issue in the bankruptcy law,but the discussion in the scope of bankruptcy avoidance mainly focuses on the determination of the benefit of the debtor’s property.Even if there is judicial interpretation,it has not formed a complete system and cannot solve the dilemma in judicial trial.This paper reflects on the analysis results in combination with theory,and provides optimization ideas for improving the interpretation rules of "benefiting the debtor’s property".First,under the expansion interpretation and the contraction interpretation,it compares and analyzes the possible results in the application process of "benefiting the debtor’s property",and finds that the expansion interpretation is more appropriate.Secondly,it analyzes the relationship between "benefiting the debtor’s property" and the subjective state,and concludes the necessity of stipulating the subjective elements.The provisions of the subjective elements are not directly written into the legal provisions,but based on different types of conduct and the identity of the participants in the transaction,a reasonable allocation system of the burden of proof is formulated to make the subjective elements concrete.Then,under the expanded interpretation,divide the applicable scope of behavior,distinguish the immediate debt and guarantee behavior to balance the fair repayment of creditors and the enterprise’s access to financing opportunities.Although the relevant judicial interpretation stipulates the content of the liens,the simple calculation method of numerical difference is used to measure that the debt secured by the security interest exceeds the value of all security interests and is not applicable to special liens.At the same time,the registration system,which is closely related to the security system,causes a long time interval between the establishment and effectiveness of the transaction.If it coincides with the crisis period of the bankruptcy avoiding powers,consider reserving a security period to link the exception rules of the bankruptcy avoidance system with the security system.Finally,the above contents are organized into a reasonable system by various ways.Through the comparison with the legal systems of other countries,we can understand how the extraterritorial legislation constructs the system.It is found that on the basis of the existing legislation and in combination with the style of the German bankruptcy law,the simultaneous transaction,customary transaction and liens commonly existing in China’s judicial trial are taken as the subject matter of the exception of bankruptcy cancellation,and each case is specified in detail with objective elements,subjective elements,time limit,and the allocation of the burden of proof to improve the interpretation of the rule of "benefiting the debtor’s property".