Study On Crime Of Fake Bankruptcy

In recent years, along with our country market economy's fast development, competitive mechanism for selecting the superior and eliminating the inferior caused our country's bankrupt enterprise's quantity to grow suddenly . A great quantity of actions to flee the creditors through fake bankruptcy grew harder and harder. The actions of fake bankruptcy causes a series of social question such as harming creditors' benefit seriously, harassing the socialist market economical order, causing the social credit to reduce . The Criminal Law Amendment Six adds the crime of fake bankruptcy timely to deter this kind of increasingly fierce actions to flee the creditors effectively. It will play the critical role in protecting creditors' benefit, safeguarding correct implementation of the Bankruptcy Law.The object of the crime of fake bankruptcy is a complicated object, whose main object is bankrupt order. The objective aspect is to hide property , to bear fabricate debt and so on . The crime is pure unit crime , but the persons who bear criminal liability are the personnel who is in charge of the unit and other direct responsible personnel. The subjective aspect of this crime is intent including direct intent and indirect intent .The author expects the article to bring benefit to following criminal legislation and correct enforcement of the law.