Recommendations Of The Criminal Law To The Addition Of Bankruptcy Fraud

Nowadays, the masses of bankruptcy fraud have greatly endangered our society. But because of the lack of the crime about them, we can not control the bankruptcy fraud efficiently. Considering that, the author thinks that we should supplement the crime of bankruptcy fraud in the criminal law. This article contains four parts:Part Ⅰ the necessity of the supplement of the crime of bankruptcy fraud In this part, the author introduces the serious harm the bankruptcy fraud has done, analyzes the drawbacks in the law and links the theory of the economic analysis of law and the provisions in some countries, in which the market economy are advanced. Finally, the author holds that the supplement of this crime is inevitable.Part Ⅱ the model and principles of the crime of bankruptcy fraud Firstly, on the basis of analyzing this crime's some characters, the author thinks that we should prescribe this crime in the criminal law, not in the insolvent law, prescribe only one crime, i.e. the crime of bankruptcy fraud, adopt narrative facts about a crime mostly and classify this crime as a abstract danger crime, not a result crime. Secondly, when we supplement this new crime, we ought to obey the following principles: moderation principle, equality principle and impartiality principle. Only when we can do that, can we avoid the abuse of penalty and embody the restraining principle of the criminal law.Part Ⅲ the concept and characters of the crime of bankruptcy fraud In this part, the author firstly provides the concept of this crime after studying the others' opinions. Then the author considers the object of this crime is the administering system about bankruptcy, not the complicated object. Then, as far as the objective aspect is concerned, the author holds that we should define the time condition from the appearance of bankrupt cause to the declaration of bankruptcy, not adopt a fixed time condition or include the things appearing after the declaration. At the same time, this article enumerates some common bankruptcy fraud behaviors. According to the existing law in our country, the author thinks that the subject of this crime is special, i.e. the state-owned enterprises and the enterprises, who have the legal personqualification. Finally, in the author's opinion, the subjective aspect of this crime can only be composed of intention. Furthermore, the author also put forward some efficient measures to testify the intention.Part IV the penalty In this part, the author thinks that we should not provide death penalty and life imprisonment for this crime. In the author's opinion, we should prescribe fixed term imprisonment, criminal detention and fine for this crime.