The Fraudulent Transfers On Insolvency Law

Enterprise bankruptcy has become a quite universal phenomenon from 1986, when we enacted law of enterprise bankruptcy(trial operation)and established bankruptcy system. But fraudulent conduct is quite seriously in many bankruptcy cases, which not only infringe the interest of creditor and employee but also damage good faith doctrine and economy order. The incomplete bankruptcy law is one reason of this phenomenon, both circle of economy and law regard perfect bankruptcy law as one symbol of mature market economy, bankruptcy system in our country also goes in the slow unceasing consummation. For hitting fraudulent conduct of bankruptcy, the new law of bankruptcy establishes bankruptcy administrator's revoking power and the invalid behavior system. The article set forth the constitution, validity and legal liability of fraudulent transfer of bankruptcy, which base on the present law of bankruptcy in our country and compare with the law of bankruptcy in developed countries, finally proposes certain opinions on bankruptcy rule of fraudulent transfer.The full text contains five parts, altogether over 30000 characters.The introduction presents the real situation of fraudulent conduct in bankruptcy cases through three real cases in judicial practice, and educes the issue of fraudulent transfer on the view of bankruptcy law, which is the subject of this article.Part 2: the constitution of fraudulent transfer. Firstly, the author gives a definition of fraudulent transfer; secondly, summarizes the general constitutive requirements; then divides fraudulent transfer into two types and expatiates on the idiographic constitutive requirements.Part 3: the validity of fraudulent transfer. Most of countries carry out system of bankruptcy administrator's revoking power, the new law of bankruptcy in our country has added this system. Compares with the system of bankruptcy invalid behavior, the system of bankruptcy administrator's revoking power has the rationality. The main content next is how to actualize bankruptcy administrator's revoking power.Part 4: the legal liability of fraudulent transfer. The legal liability of fraudulent transfer can be divided into compensative liability and punitive liability. The article mainly addresses bankruptcy crime in the discussion of punitive liability, analyzes the general constitution of bankruptcy crime and the accusal fraudulent transfer maybe violate.Part 5: opinions on bankruptcy rule of fraudulent transfer. The new law of bankruptcy has obtained great progress, especially added civil responsibility of person who is liable for fraudulent transfer.But it still has some incomplete aspects: enumeration of fraudulent conduct can not reveal all the details; the provision of bankruptcy administrator's revoking power is inadequate; there is still short of criminal sanction measure for bankruptcy crime. The legal rules of fraudulent transfer on bankruptcy law need to be consummated further.