Research On The Legislation Of Bankruptcy Crime

Bankruptcy system, which has existed from ancient times till now, is the legal system emerged in the situation of the relative development of commodity economy. With the development of commodity economy, economic exchanges become relatively a lot, thus debtor-creditor relationship frequently produce, bankruptcy crime is also getting more and more frequent. As a new type of economic crime, bankruptcy crime caused great harm. Taking this into consideration, various countries have carried on the rules and regulations through the legislation to the bankrupt crime, which most countries will go bankrupt the crime and the punishment principle stipulation in the bankruptcy law, but also have its stipulation in the criminal law; Or in the bankruptcy law stipulated that the bankruptcy criminality, but stipulates the punishment principle in the criminal law.China's Penal Code enacted in 1979, there was no explicit provision on bankruptcy crime. The promulgation of the amended Penal Code for implementation on October 1, 1997, which had a breakthrough on bankruptcy crime law,displayed by provisions of the article 162,168,which were about liquidation of fraud crimes, malfeasance Bankruptcy Crime and fault bankruptcy crime and so on. The first and second article of PRC Criminal Law Amendment announced on December 25,1999, increasing and modifying the 162nd,168th of the Penal Code.In June 2006, in the article 162 of the Penal Code of Amendment IV to Criminal law.crime of false bankruptcy was added, the criminal responsibility of bankruptcy crime was cleared. In 1986, China's first unified Bankruptcy law unveiled, but its provisions are relatively general, there are many flaws. In 2006, China promulgated the newly bankruptcy law, the provisions of the bankruptcy crime is relatively perfecting, which plays an important role in the development of our bankruptcy system.Compared to foreign legislation cases, China's current crime legislation on bankruptcy rules still have a number of deficiencies,some serious violations of bankruptcy can not find the corresponding penalty provisions and charges in the criminal law, the phenomenon that there is no law to apply will present, the consequence is inconceivable.Bankruptcy crime is catalogue accusation, however, the provisions of criminal law of bankruptcy crime is more fragmented and not conducive to the use and operation. Bankruptcy law violations relating to certain provisions of bankruptcy are more general, the responsibility is unknown, the main range is also smaller etc.In the analysis and comparison of foreign legislative experience on bankruptcy crime, unifies our country's reality, the author put forwards countermeasures to perfect our bankruptcy legislation, that is, our country should be specified in the Criminal Code charges of insolvency and bankruptcy crimes and penalties and make it a system; Improving the systems in the bankruptcy law, making provisions of the bankruptcy law join with criminal law; Based on the application of Penal Code and bankruptcy law, adopting the relevant provisions of both law of civil procedure and Criminal Procedure Law when dealing with Bankruptcy Crime cases.