Research Of Bankruptcy Fraud

The thesis select the additional charge—the crime of false bankruptcy of "Criminal Law Amendment (6)",and write in with a more comprehensive and systematic exposition. The author have reviewed all the literature related to this crime data before write it, on the basis of other successful research, mainly apply historical research methods, comparative research methods, empirical research methods, systematic research methods and comprehensive analysis of law-side research methodologies, In those theory with practice carried out this crime on the basis of its profound exposition. This thesis comprises three parts, each is not independent but are interlinked at the same time an inseparable unity of the whole, all parts of the following elements:Part I: Overview of the false bankruptcy. In this part, the author first introduced the topics of theoretical and practical significance, because false bankruptcy is the additional charge, we must understand before writing this crime as well as topics of significance; The emergence of any one crime is not only a profound times, also has a certain historic and world-wide. In this part of the second section, the author introduced this crime legislative as well as interrelated research situation. In this section, mainly applied historical comparative methods, this part of the discussion for the back of the second and third part of the in-depth, systematic exposition to do lay the foundation.Part II: the crime of false bankruptcy of a number of issues, the main research method is a comprehensive analysis. This part is the emphasis and difficulty of the thesis, the author choose nine issues about the false bankruptcy crime in-depth Analysis which in theory, more controversial or in practice, difficult to define, and proposed own opinion on the basis of other's view. In this section the author stress exposition of the main contents include: "the main body of the crime of false bankruptcy," "creditor-initiated insolvency proceedings on the qualitative", "false bankruptcy crimes and similar offenses boundaries", "the crime of false bankruptcy and non-boundary crimes "four sections content. On false bankruptcy crime of various issues and conduct in-depth analysis also for the third part of the full discussion, paving the way.Part III: the crime of false bankruptcy legislation omission and improve the proposal. This part is divided into two sections, the author summed up four legislative omission of the false bankruptcy crime, including: "provided there is no critical period", "negligence does not constitute this crime", "The theme of the limitations of the Crime", " imperfect Legal Sentence of this crime" and so on. In reference to other relevant national legal provisions as well as full understanding and analysis of China's actual conditions and the law based on the constructive comprehensive proposal with a view to the false bankruptcy crimes perfect play attracting valuable opinions and role.