Analysis Of The Difficulties On Crime Of Disruptive Liquidation

The criminal law of 97 years in China has formally established the crime of impairing liquidation,but the scholars' research on the crime of this crime is not much.In judicial practice,the specific expression of the constitution of the crime in the legal documents is different.This paper hopes to analyze the difficult problems in the crime of nuisance liquidation,so as to solve the theoretical problems of the crime and provide some reference for the accurate identification of the crime of nuisance and liquidation in judicial practice.The logical structure of this paper is,first of all,three cases of difficult problems in the judicial practice out of this crime;secondly,according to some of these problems are analyzed from the subject to the logical order of object;thirdly,the distinction between the crime and the crime of false bankruptcy analysis.The content of this article is roughly divided into four parts:The first part: the elicitation of the problem.This part introduces the three aspects of the crime subject,objective,and the crime of false insolvency through three typical cases.The second part: the analysis of the subject of the crime.First of all,the different views on the subject of the crime is summarized and analysis;secondly,through the analysis of typical cases in the practice of the method of identification of the subject of the crime;finally,through the analysis of the period and the cognizance,specific subjective behavior not to be clearing unit benefit,liquidation unit is not the interests of unit crime the winner,so it is not the subject of the crime of liquidation.The subject of the crime should be the natural person involved in the liquidation.The third part: the analysis of the objective aspects of the crime.On the first part of the liquidation period,the liquidation,analysis,clear the scope of liquidation;secondly,must advance nuisance shall carry out criminal punishment,but not as advocated by the theory of crime of punishment for the advance of nuisance,directly against the liquidation period abolished the view;finally,should take the form of a certain time of liquidation during the period of liquidation,the liquidation group general liquidation since the date of establishment,since the liquidation report to the shareholders' meeting,the general meeting of shareholders or the people's court to confirm the date.The liquidation of bankruptcy liquidation begins at the date of declaration of bankruptcy from the date of the decision of the people's court to decide the end of the bankruptcy proceedings.About the behavior part,first,not only clearliquidation should not be included in the crime behavior;second,through three kinds of behavior of this crime are analyzed to clarify its meaning,the object behavior is only false records in the balance sheet and the property list;third,the theory that the crime should be included in more ways.It is believed that all the above actions are harmful to society,but the social harmfulness of the above actions is not up to the level of crime.When the above-mentioned acts are carried out in an express manner,the above acts may be accommodated by the three existing acts of the crime.About the consequences of the damage part,firstly,the main theories summarize and comment;secondly,seriously damaged the interests of the creditors or others,is refers to the creditor or other people deserve legal interests can not be achieved in the liquidation period,the scope of other people including clearing shareholders,investors and merger,split the unit unit;again,serious damage to the identification should be based on the amount as the standard,if you want to reflect the protection of special groups,to the corresponding amount of standard cut.The fourth part: the analysis of the distinction between the crime and the crime of false bankruptcy.First,the main point of view on the key between the crime and the crime of false insolvency is evaluated.Then,through the specific analysis of the new viewpoint,the key to distinguish between the crime and the false insolvency is the difference between the two crimes.