Study On Bankruptcy Void Act System

When the debtor on the edge of the bankruptcy,if the debtor evades the repayment,theindividual creditors preempt to receive the repayment and other misconduct which damagethe debtor ’ property,in the light of the fair, law may stipulate the relief system so as toprotect the debtor ’ property effectively. The bankruptcy void act system is one of the mostimportant relief system. The bankruptcy void act system negative the effects of themisconduct.so the actor ’ intention,which is intent to damage the debtor ’ property may fall.And it may have some civil liability and criminal liability,which is prior provide by law. Thearticle is aim to analyse the bankruptcy void act system, which involves the concept, thesignificance, the behavior type, the constituent elements, the legal liability, the existingproblem and the legislative proposals.The first part of this article refers to the concept of the bankruptcy void act system. Thearticle deeply analyse the difference between the bankruptcy void act system and the relevantlegal systems. On this basis, the article analyse the distinctiveness and significance of thebankruptcy void act system.In the second part, the article mainly introduces the type of the bankruptcy void act.There are three types: in order to evade to repay the debt,debtor conceals and transfers ofproperty; fabricate the debt or recognition of the false debt; and the debtor prior repay thedebt to the individual creditors,after the count accepted the bankruptcy petition.The third part discusses the constituent elements of the bankruptcy void act. Theconstituent elements are the legal criterion of the bankruptcy void act and determinant of theapplication of this system. So it is essential to study the constituent elements. The constituentelements include the unlawful acts, the facts of damage, the causation between the unlawfulacts and the facts of damage, and subjective state of the actors.The forth part deals with the legal liability of the bankruptcy void act,which mainlycontains the civil liability and the criminal liability. And in this part, it also discusses thesubject of the legal liability, the principle of the attribution, the methods of bearing liabilityand so on.The last part of the this article puts forward some problems existing in the currentbankruptcy void act system including the legislative technique,exercising the rights and the criminal liability. And then the article comes up with some legislative proposals accordingthis problems.