Research On The Difficult Problems Of The Crime Of False Bankruptcy

Throughout China’s< Criminal Law> in 1979, the false bankruptcy regulation is still in a blank state, but with the rapid development of market economy, "false bankruptcy really avoiding the debt" in practice, not only seriously damaged the legitimate rights and interests of creditors or other, more is to disrupt the normal social and economic order. So, original crime of disrupting liquidation obviously can not effectively regulate the judicial practice in the new situation,< Criminal Law> in 1979 regulation of false bankruptcy act blank also already made< Enterprise Bankruptcy Law> Article 131 of the provisions of the shelved. As this grim situation, in 2006 by the< Criminal Law Modification Eligibility Case (VI)> add the false bankruptcy crime the crime. From the false bankruptcy crime provision itself, the fallback provisions and general legislation mode, the highly open and inclusive, but also for the crime of bifurcation theory and practice dilemma buried the foreshadowing. Learning of this, the author selects this crime is a difficult problem of research. First, the subject of the crime to define the scope of the problem, through the contrast analysis and the special company, form of enterprise qualification of discussion, the author thinks that the crime is pure unit crime as a special company, the enterprise forms of companies and private enterprises have become the criminal subject The provisions of the definition of the cognizance of the definition of the terms of the scope of defining the problem does not exist. Second, the crime of intentional understanding problems, focuses on the intentional content understanding factors were defined, and the purpose of committing the purpose and intent between relationship specific analysis, that the crime of negligent crime, behavior understanding and the understanding is the crime of intentional content, and between the two has a causal relationship, but the crime of this crime established conclusion. The third, about this crime objective behavior, the author will divided into three parts to discuss, respectively, the fallback, behavior, structure and behavior, and made this crime is a complex act crime, in order to reveal the provision of legislative mode behavior Has advanced, but in the application need judicial interpretation to be reconciled, and necessary to the legislative model added the appropriate period of doubt. Fourth, the crime "the implementation of the understanding of false bankruptcy", through the "false", "bankruptcy" concept analysis, from both procedural and substantive in-depth study, it is recommended on "false" and "bankruptcy" were interpreted broadly, and "bankruptcy" into the "bankruptcy" concept of the crime.This paper aims to analyze the four difficult problems of crime of false bankruptcy, in order to criminal judicial guidance and criminal legislation perfect benefit. I for every difficult problems. Firstly, it concludes the views of each, and then the advantages and disadvantages of different points of view to comment.In the end, China’s actual situation and foreign legislative experiences, put forward the solution that is suited to the national conditions of our country. In addition to the theoretical controversy on larger problems to sort out and clarify, the author boldly proposed legislation to increase doubts of this crime, incorporating the crime of "bankruptcy" concept of the intermediate level view connotation will be "bankruptcy" in. The innovation of this paper lies in analyzing The content is not limited to the constitutive elements of the crime such as to the law itself interpretation, but according to the difficult problems of this crime in the judicial practice, for analysis are discussed, and the research perspective is placed in the crime of false bankruptcy, finally puts forward a relatively feasible solution.