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Research On Several Questions Of The Crime Of False Bankruptcy

Posted on:2010-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:X L HuangFull Text:PDF
GTID:2166360275482110Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Bankrupt have gone from guilty to innocent. The crime of bankruptcy fraud is the most serious and typical crime of the bankruptcy act, which is stipulated by many countries in Continental lega1 System and Common law System. The sixth article of the Criminal Law Amendment (Six) has added false bankruptcy into the criminal regulations for the first time. It has filled in the blank of attacking the bankrupt fraud of original criminal law. According to the stipulations of law, this crime means that company or enterprise uses methods of hiding the property, bearing the fictitious debt or shifting the property by other methods and it is false and harmful to interests of the creditor or other people seriously. From the article you can sum up that bankrupt guilt's object is complicated object; The objective including the behavioral element and the element of the result; This crime is a unit crime, but only punish the person in charge and the person who has direct responsible; The subjective respect should be on purpose, generally it always has a purpose to escape debt, but the purpose and the motive do not influence declaring guilty.During judicial the crime of false bankruptcy, we can consult the stipulations of law, when the behavior of company or enterprise harmful to interests of the creditor or other people seriously. If the number comes to ten thousand, we should prosecute it. However as the economic development, whether the standard is still adapt to the present need .the question is still needed the relevant legal departments to deal with it. The crime of false bankruptcy and the crime of violating liquidation are part of the crime of violating company or enterprise. The crime is also part of the crime of false. Whether the third person can become this crime's companion is an question needed intensive study. During the real bankruptcy, there is also exist false bankruptcy. In order to set up a perfect system of penalty for judiciary, we should consider many elements. Such as relevant criminal policy, as well as the severity of the crime and so on.
Keywords/Search Tags:Bankruptcy, the Crime of Bankruptcy, the Crime of False Bankruptcy, Judicial identification
PDF Full Text Request
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