论破产撤销权的制度价值与法律性质

破产撤销权是民法上撤销权在破产程序中的延伸，二者具有同源性，但破产撤销权是一种特殊的撤销权．要适用特殊的规则。公平是破产撤销权的基本价值目标，同时破产撤销权要以诚实信用、平等、意思自治为基础价值进行制度设计．并平衡好债权人、债务人、第三人之间的利益关系，在保护整体债权人利益同时维护社会交易安全。破产撤销权的效力兼具形成权和请求权双重性质。

On the System Values and Legal Properties of the Cancellation Right in Bankruptcy Cases

The cancellation right in bankruptcy cases is, in bankruptcy procedure, an extension of cancellation right from the civil law, but the cancellation right in bankruptcy cases is different in that it has its own special rules. Justice is its basic goal, and it is designed by taking honesty and creditor, equality and autonomy as its basic values, thus balancing the interests among the creditors, the debtors and the third parties, and protecting the creditors＇ interests as well as the social transaction security. The effectiveness of the cancellation right in bankruptcy cases has double natures, i.e. right of formation and right of claim.