Bankruptcy Fraud And Bank Claims The Protection Of Research

Today, the bankruptcy-fraud still plagues the banking sector in China.Banks have served as the largest creditor of the enterprise, if they can not effectively prevent the occurrence of such fraud,there will be huge economic losses.Because the purpose of a lot bankruptcy is to avoid the bank debt.Therefore, banks should attach great importance to bankruptcy-fraud, and use the legal means to safeguard their own security claims, and thus stabilize the financial order and ensure the healthy development of China's economy.This paper starts with the background of severe creditor banks'rights damage from the bankruptcy fraud,and the performance of enterprise through bankruptcy-fraud.From the legal aspcts, analyzed the cause of damage of creditor's rights when bankruptcy-fraud occurs,thus discusses the creditors'rights of bank risk prevention and related lawsand regulations against bankruptcy-fraud,Then proposed perfect suggestions and countermeasures to the protection of future creditor banks'rights.This article is divided into four parts. The first part, describes the background, research significance and train of thought of this paper; The second part mainly expounds the connotation of bankruptcy fraud and ways of damage to the creditor banks'rights; The third part begins to analyze the reason of the creditors'rights damage when the bankruptcy-fraud causes, mainly from banks themselves, laws and regulations,and local governments which including both lack of bank's own management system, and including lack of laws and regulations,also local governments improper interference; The fourth part discusses how to deal with bankruptcy-fraud to protect the creditor banks'rights, for the causes of these problems, making laws in combination with banks'practice, we advise the creditor banks to improve their credit protection measures, improvement of laws and regulations and to avoid undue interference of local governments and actively play the coordinating role of the government.