Research On Judicial Difficult Issues Of The Crime Of False Bankruptcy

With the reform of the Company Law and the development of the Registered Capital Subscribed System,the establishment of companies is getting easier.Under our national laws,Juridical Person assume limited liability.There are a lot of honest but unlucky bankrupts that we need to protect by this system.However,when the contend gets stiff,enterprises are more inclined to use the independent status of legal persons to avoid debts.In the meantime,other fraudulent behaviors are increasing.When we compare,the more mature the market economy is,the more perfect the relevant legislation on the bankruptcy crime will be,and the stronger the regulation of the criminal law on the bankruptcy crime will be.Currently,the research on bankruptcy crime in China is not in depth,and the law are not perfect.In the meantime,there are still controversies in the research of bankruptcy crimes in the theoretical circle of our country,and the identification of false bankruptcy crimes is becoming increasingly difficult.In the discussion of this paper.First of all,I have analyzed the subjects of the false bankruptcy crime and analyzed the controversy about the subjects of the false bankruptcy crime,which appears in judicial practice frequently.Then I have made my own points.Secondly,I have studied the behavior of false bankruptcy crime and analyzed how to identify the "false"and the "bankruptcy" in this crime detailly.I have also identified the behavior of " hiding property ","assuming fictitious debts","transferring and disposing of property in other ways" and proposed in the law.Thirdly,I have analyzed the subjective mentality of the false bankruptcy actor and studied whether this crime is a absichtsdelikte.Finally,I have discussed the puzzling problems of this crime,which happens a lot in our practice,such as "crime accomplishment "," crime begins to be practiced "," combined punishment for several crimes ".