Research On The Crime Of False Bankruptcy

The crime of false bankruptcy means the companies and enterprises are in the breach of bankruptcy law and relevant laws, regulations within a certain limited period on the purpose of false bankruptcy declaration, adopting property concealing, fictitious debt undertaking or transferring the property by other means so as to make up the reasons of false bankruptcy, which will make a serious damage to the interests of creditors or other person's interests. The object of this crime is a complex object , which is the insolvency order and the interests of creditors, the main object is the bankruptcy order; The objective aspect of this crime is mainly actors adopt to conceal assets and undertake fictitious debt or other fictitious reasons for bankruptcy, so as to achieve the purpose of false bankruptcy; The subject of the crime is the unit which is a legal representative certificate of company and enterprise; On the subjective side, only direct intentional can be considered as this crime.Some western countries have fairly well-developed commodity economy which bankruptcy law has gone through hundred years of development. These countries have an extremely completed legislation for bankruptcy and the crime of bankruptcy. Generally speaking, there is seldom description as"crime of false bankruptcy"in foreign countries or regions, most of which are described as"the crime of fraud bankruptcy". However, the act of false bankruptcy is part of fraud bankruptcy. Through the extraterritorial bankruptcy fraud and China to compare the crime of false bankruptcy, China's criminal objective existence of the crime of false bankruptcy act provision is far too simple, the main crime for the narrow range legal sentence of legislation, such as a single defect. By comparing the crime of false bankruptcy domestic with the crime of fraud bankruptcy in foreign countries, the domestic of the crime of false bankruptcy is lack of the following disadvantages as too simple regulations for the objective actions of criminal, narrow application for the crime subject and sole penalty of the legalization, so our offense in a false bankruptcy legislation should be improved the following areas: First, in the objective aspect of crime, the circle of the crime of false bankruptcy should be expanded as those with existing false the crime of hiding assets in bankruptcy and bear a considerable danger of fictitious debt behavior into the objective content as the actions of this crime; Secondly, in the subject aspect of crime, it is necessary to expand the range of it to a natural person; Finally, in the legal completed, due to the complexity of the false acts of bankruptcy, it should be set two statutory sentence ranges for the crime of false bankruptcy , and increase eligibility for sentence.