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The Research of Crime False Bancruprcy

Author: SunYanLi
Tutor: ZhangShaoQian
School: Shanghai Jiaotong University
Course: Criminal Law
Keywords: Bankruptcy Crime False bankruptcy Constituent elements Judicial determination Perfection of Legislation
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 29
Quote: 0
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Abstract


In foreign developed market economy countries and regions have been gradually formed a relatively complete system of bankruptcy crime legislation . Settings, from the legislative mode , charges constitute a crime , the penalty punishment analyze the status quo of foreign legislation on bankruptcy crime , with a reference to the perfection of bankruptcy crime legislation . Of legislation on bankruptcy crime late start , the system is not perfect , with the development of market economy , \better protect the interests of creditors . False Bankruptcy violation of the object including the legitimate rights and interests of the company , the bankruptcy order and creditors and other relevant personnel , the former as the main object . The objective aspect must be implemented concealing the property , and assume the the fictional debt or other transfer of the property , to dispose of property , and bankruptcy filings , and serious damage to the interests of the creditor or other person . \The body of the crime of companies with legal personality , enterprises , subjective aspects must be direct intent . The real bankruptcy fraud , fraud , negligent behavior has not yet entered bankruptcy proceedings do not constitute the crime of false bankruptcy . Accomplished of the crime of attempted distinction lies in whether caused \Practice , of false bankruptcy behavior and concealment , destruction of accounting documents , accounting books , financial and accounting reports behavior may be implicated in the relationship is formed , constitute Implicated . Our Bankruptcy crimes but also from the specified time limits established by the crime of false bankruptcy , to expand a Bankruptcy Crime in the main range , additional fault bankruptcy crime , be held criminally responsible for real bankruptcy fraud to be improved.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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