Research On Bankruptcy Crime At The Present Stage Of Chinese Economic Transformation

The bankruptcy crime is a new form of economic crime of Chinese economic transformation at the present stage. The law has still the imperfect provisions of the crime in our country. In order to maintain the bankrupt procedure and protect the legitimate rights when the new bankruptcy law implement immediately, it has theoretic and practical significance on the legislation and the judicial practice aspect to research bankruptcy promptly and fully.First, this thesis analyzes the development course and current status of bankruptcy crime in the developed countries. By studying the rule of criminality and the mode of guarding in criminal law, this paper explores the way of the legislation style,the charge and the penalty method and further makes a study of Chinese realistic characteristic about bankruptcy crime. The second part shows the urgency to adopt laws to regulate the bankruptcy criminality through researching the harm to society and penalty punishment. Through the comparison of representative behavior, crime theory and punishment method of all the developed countries in the western world, the author in the third part puts forward representative behavior about specific criminal acts in china. The author introspects on curbing the crime on the bases of the actual conditions in our country. Finally, this paper puts forward purposefully the suggestions on how to establish a rational legislative style, charge and the model of penalty, in order to have the perfect justice and law enforcement fields.The further study on the typical forms and hazardous of bankruptcy criminality and its rules should be undertaken. The theorists have the widespread dispute to the traditional crime constitution theory. Considering that, the author does not repetition factors of the crime constitution. Based on Chinese traditional theories of general constitution of crime, this paper refers to the other countries response to the crime through exploring the development characteristics and typical behavior of bankruptcy crime. Taking into account the reality of our economic transformation and social conditions, the author puts forward sensible proposals for disciplinary measures from the legislation style, the charge establishment, judicature and law enforcement, combining our unique approach to the criminal punishment bankruptcy.