| The cross disciplinary issue between criminal and civil issues caused by illegal fundraising crimes in bankruptcy proceedings,and the conflict of interests is very acute.However,China’s Enterprise Bankruptcy Law and judicial interpretation do not clearly stipulate this,and there is no unified treatment standard in judicial practice.Based on the theory of bankruptcy law and combined with judicial practice,this article explores how to dispose of illegal fundraising claims in bankruptcy proceedings.In judicial practice,there is a lack of unified application standards for the disposal of illegal fundraising claims.In terms of substantive rules,there are issues such as how to distinguish between bankruptcy property and stolen funds and goods,which confirmation standard is applicable to the amount of losses suffered by fundraising participants,and which order of liquidation is placed for fundraising participants’ losses and punitive claims in the bankruptcy process.There have been disputes over the application of "punishment before the people" and "parallel punishment with the people" in the selection of procedures,as well as differences in views on whether the losses of fundraising participants can be declared as bankruptcy claims.After clarifying the problems that exist in the disposal process of illegal fundraising claims,based on the theory of bankruptcy law and the basic attributes of bankruptcy proceedings,this paper analyzes the causes of the problems that exist in the disposal process of illegal fundraising claims.On this basis,based on the economic and judicial situation in China’s post epidemic era,and drawing on the judicial practice experience of Jiangsu,Zhejiang,and other places,corresponding suggestions have been put forward on the improvement path of illegal fundraising debt disposal in bankruptcy proceedings.In terms of disposal principles,the principles of balancing fairness and efficiency,maintaining the unity of legal order,maintaining the modesty of criminal law,and overall coordination between criminal and civil law have been proposed.In terms of substantive rules,it has been proposed to unify the inclusion of criminal property in bankruptcy proceedings,establish a mechanism for distinguishing between stolen funds and goods,unify the applicable standards for the amount of creditor’s rights,and clarify the rules for the order of debt repayment.In terms of procedural rules,it is proposed to adhere to the "differentiated parallel" model and construct a unified declaration mechanism for creditor’s rights.At the same time,in order to achieve effective connection between bankruptcy proceedings and criminal proceedings,suggestions have been made to introduce a preliminary examination system and improve the notice and announcement system for the improvement of supporting systems. |
