Improve The Thinking Of The Legal System Of China's Anti-bankruptcy Fraud

Bankruptcy is a social phenomenon along with commodity -economy, and it is an embodiment of competition-mechanism in commodity-economy. Along with the development of market-economy in our country, competition becomes more drastic and the bankruptcy cases increase year by year, accompanied bankruptcy-fraud increasing also day by day .The bankruptcy-fraud refers to violate the stipulation of the bankruptcy law, through concealing the real situation or making false situation and so on which causes the bankrupt property to reduce or the bankrupt property burden to increase. Bankruptcy-fraud defrauds not only the creditors' interests but also other people's interests. The bankruptcy-fraud has two kinds of behaviors, one of which is called "the malicious bankruptcy-fraud", the other of which is called "the general bankruptcy-fraud". It has given a disastrous result to the country, all kinds of organizations and individuals. Bankruptcy-fraud has become a shackle to the bankruptcy institution ,so how to regulate bankruptcy-fraud is an important subject in the law study.This paper mainly aims at the question which exists in the rules and regulations of the bankruptcy-fraud aspect, and I propose some viewpoints about how to regulate bankruptcy-fraud. The article altogether divides into four parts.The first part is about the definition of the bankruptcy-fraud . This part mainly includes the concept, the characteristic, the concrete behavior manifestation, the legal consequence of the bankruptcy-fraud .Scientifically limiting the bankruptcy-fraud is the premise of discussing how to prevent the bankruptcy-fraud, and then give the creditor the effective relief. This part is the foundation of the paper.The second part is about the prevention of the bankruptcy-fraud. This part includes the criminal responsibility of the bankruptcy-fraud and the system of disqualification for bankruptcy-fraud. How to solve the bankruptcy-fraud relates directly to the interests of creditors and the bankruptcy law being implemented, at the same time relates to the security and the stability of the economical contact and...