Research On Bankruptcy Crime

Bankruptcy is an inevitable outcome of market economy, and bankruptcy crime accompanies almost all bankruptcy cases. This means that so long as bankruptcy exists there will always be bankruptcy crime. It is a wonderful footnote that there are a great many phenomenon of "avoiding creditor by sham bankruptcy" in our country. Because of many causes, although bankruptcy crime has become a traditional one in foreign countries, especially in developed countries, it is a new and developing form of crime in our country. Therefore, a striking contrast is formed between the perfect provisions of bankruptcy crime in those countries and the imperfect provisions in our country. On the bases of the experience of legislation in other modern countries, this thesis briefly analyses bankruptcy crime by the way of annotation, in order to help to found and improve our legislations of bankruptcy crime. This thesis is divided into four parts: Part I, Introduction. The necessity of founding legislation of bankruptcy crime is briefly explained, and the conception of bankruptcy crime is discriminated. Part II, The constitutive elements of bankruptcy. The legislative model of abstract potential damage offense and negligent offense should be adopted, and the perfect objective conditions for punishing should be founded. Part III, The legislation model of bankruptcy crime. The legislative model of separate regulation should be adopted, and whoever commits bankruptcy crime should largely be sentenced to fixed-term imprisonment not more than ten years and be fined. Part IV, The concrete advice of the legislation of bankruptcy crime. A number of provisions of bankruptcy crime are drafted, analyzed and explained.