Bankruptcy is a social phenomenon along with commodity-economy, and it is a embodiment of competition- mechanism in commodity-economy. Along with the development of market- economy in our country, especially after the entry of WTO, competition becomes more drastic and bankruptcy-fraud becomes more ubiquitous. Bankruptcy-fraud refers to the conduct that one breaches bankruptcy law to infringe the creditors' interests by falsifying story, concealing real fact or other methods, which leads bankruptcy-property to reduce, increase and be in unclear status. Bankruptcy-fraud defrauds not only the private, but also public property and other economic interests. It has given a disastrous result to the country, all kinds of organizations and individuals. Bankruptcy-fraud has become a shackle to the bankruptcy institution, so how to regulate Bankruptcy-fraud is an important subject in the law study.Many legislations and rules have been made to prevent bankruptcy-fraud in our country, such as "General Principles of Civil Law ", "Bankruptcy Act", "Criminal Law", "Corporation Law", and the judicial interpretation of the highest court, in which it makes objective regulations to deal with infringe upon the interests of creditor. But all of these have many limitations not of their contents, but also of their objective operations: I .No define, no cognizance standard, and no efficacies of bankruptcy-fraud; Objective representation of bankruptcy-fraud limits to the listed seven actions in "Bankruptcy Act". II. There are only regulations about law liability ofmember as of right and person who should directly respond to liability from the insolvent enterprises, but no regulations about other bankruptcy-fraud subject; Though there are regulations about criminal liability and administrative liability of bankruptcy-fraud, but administrative punishment of them is inadequate; Without the regulation of bankruptcy-fraud, the regulations in "Criminal Law" likes zero; There are no regulations of civil compensatory liability. All of these limitations are serving for bankruptcy-fraud.In order to attack and prevent bankruptcy-fraud, to protect creditor' interests, and also to guarantee the process of bankruptcy to go on wheels, it is necessary to review and use anti- bankruptcy-fraud experiences for reference. It is the most important to remedy legislative defects and perfect bankrupt legal liabilities.Firstly, Civil liability is a private-law liability, which main purpose is to offer law3almsgiving to victims and to find a balance point between victims and trespasser. So to assume bankruptcy-fraud should base on putative-fault liability principle and the fraud person assume quote principle of liability-free. Trustee in bankruptcy or creditors can apply withdraw to the court. The court can declare bankruptcy be of no effect, when it find that there are bankruptcy-frauds during the course of trial. Correspond to these, we should also pay attention to perfect civil remedy: Giving back bankruptcy-property; Losing compensation; Denial of discharge; Equitable subordination. Certainly, while we are imputing civil liability to bankruptcy fraud, we should also protect the interests of goodwill person.Secondly, criminal liability and administrative liability are public-law liability, which have punitive and educative functions. To give corresponding administrative crack down on bankruptcy fraud should base on doer's identities and his behaviors' result. To initiate bankruptcy fraudulent crime in "Criminal Law" is to embody the stateliness of penalty. Bankruptcy fraudulent crime refers to the conduct that breaches bankruptcy regulation, defrauds creditors' interests by falsifying story, concealing real fact or other methods, and with the intention of seeking for illegal economic interests, which should be punish by penalty. Bankruptcy fraudulent crime infringe complicated objects, bankrupt management system and the creditors' or other people's interests. Besides the listed seven actions in "Bankruptcy Act", the specific actions of bankruptcy frau...
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