论债权人撤销权制度的立法完善

On Legislation Perfecting of the Creditor's Right of Rescission

债权人撤销权是债的保全制度的重要组成部分,是债的效力的扩张,其对于确保债权的最终实现,稳定社会经济秩序具有重要的作用。由于我国立法在一定程度上的粗疏和相关制度的阙如,学界见仁见智,致使该制度在司法实践中成为难点。通过论证认为,应该尽快完善其相关的立法,以期彰显该制度的价值,使之更好地为市场经济建设服务。

The creditor＇ s right of rescission system is an important component part of the security of obligation system as well as the expansion of the effect of debt. The system has played an important role in ensuring the ultimate realization of claims and stabilizing economic order. Owing to legislative imperfection and short of other systematic provisions, scholars have different opinions about the system, which has been a knotty issue in Judicial Practice. The creditor＇ s right of rescission system and related systems should be perfected and its systematic value should be manifested, expecting to better serve the construction of market economy.