Research On The Regulation Of Bankrupcy Fraud Crime

Along with the development of socialist market economy, the phenomenon of bankruptcy is coming up, so as to the bankruptcy fraud. Considering with this crime of seeking avaricious profits along with the high intelligence, the law lacks of elasticity and tension which it should have due to the immaturity character in legislation; as a result, the current law cannot deal with the economical crimes today and neither could satisfy the needs of social development. Production of life in order to better safeguard social and economic order, economic criminal legislation should be scientific, timely summary of legislative experience and lessons.This dissertation is going to analyze the bankruptcy fraud under criminal law regulation, deeply and systematically, with the studying of the present theory of bankruptcy crime in China, and also consisting with the references in the other countries’ researches, including the criminal regulations; then put forward legislative proposals on our country’s relevant laws.This dissertation is divided into five parts.The first part of this dissertation is the introduction that contains the backgrounds, present situation and the methods point to the issue demonstrated here, hoping to find the clear and correct direction of the theme and the valuable significance.Secondly, the basic concepts which are mentioned in this dissertation will be made the clear definitions in this part. After the discussions on their developing processes and the existing academic points, the conclusion will provide theoretical basis for the forward researching on bankruptcy fraud crime.The third part is the interpretation of bankruptcy fraud in China, having the researches on legislation history and normal status of bankruptcy and its current issues respectively.For the fourth part, through learning from the relevant criminal laws and regulations on bankruptcy fraud in the developed countries, considering the specific circumstances in China, the dissertation will give some valuable suggestions and advice on it.Last but not least, through the analysis of the basic concepts and foreign criminal law system, and based on the researching on the our existing bankruptcy crime system and bankruptcy fraud crime phenomenon, this dissertation has a thoroughly discussion about the node of criminal legislation, constitutive requirements and confirmation of responsibility, and also talks about how to make a rational choice on its legislations. Additionally, hope to find the suitable developing way for our bankruptcy fraud provisions.