On The Establishment Of "The Crime Of Malice Debt Default"

Civil law tells us that both creditor's rights and ownership are civil rights,both of them are important.With the rapid development of China's modern social economy,there are more and more civil disputes on creditor's rights.Compared with the protection of the criminal law on the ownership,the current criminal law in China has very limited protection for creditor's rights.Turning over the long scrolls of history,whether it is the history of the development of Chinese law or the history of foreign legal development,the law imposes penalties on the debtor's indebtedness.Until modern times,debt talents gradually separated from criminal responsibility.This is certainly because of the progress of human civilization and the development of humanitarianism,but also the need for capital circulation and economic development.But does this mean that criminal responsibility can be completely Withdrawal from creditor's rights relief?Under normal circumstances,if the debtor cannot be able to pay off the debt due to force majeure factors such as commercial risks,these situations cannot be eliminated by legal deterrence,and then the debt settlement problem can only be solved by pursuing civil liability.If the debtor owes money to the debtor and evades the debt,this behavior not only damages the interests of the creditor,but also undermines the public goodness and goodness of social integrity and causes moral hazard.It is difficult to expose the debtor's subjective malice to the civil liability,and it does not have enough deterrent effect.It is necessary to pursue criminal responsibility at this time.As an ordinary citizen,the author has experienced a civil lawsuit caused by malicious debts.In the specific litigation process,the author strongly felt the bitterness and helplessness of the creditors.The applicable civil law was weak and the criminal law was applied less.Even if the creditor won the civil lawsuit,he still faced the difficult legal dilemma of implementation,which led the debtor to “get away from the law”.How to effectively maintain social integrity and thoroughly solve the social phenomenon of "malice debt default" ?Need to be broken.In recent years,the Supreme Law has led various departments to introduce a series of measures to jointly fight against the deadbeats,but the results have been minimal.In the face of more and more deadbeats,the author believes that the establishment of "maliciously indebted non-repayment of crime" through legislation is fundamentally shocking deadbeats,supervising citizens to abide by integrity,and creating integrity for everyone.The inevitable requirement of a good social order in which everyone speaks of integrity.