Dissertation > Excellent graduate degree dissertation topics show

Bankruptcy Fraud Prevention and Relief

Author: LinLin
Tutor: DuanWei
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: bankruptcy fraud constitutions bankruptcy preservation system revocable behavior system
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 69
Quote: 0
Read: Download Dissertation

Abstract

Bankruptcy fraud refers to violating act using bankruptcy system and regulation of the law through means of concealing the true condition or making up false cases, leading to the result of reducing in bankruptcy property, increasing the burden of the bankruptcy property, making the bankruptcy property statusunclear, thus harming the obligee’s interests behavior. Bankruptcy fraud undermines the interest of creditor and the social economy, becoming the shackles of normal operation in bankruptcy system.In such cases, many countries and regions in the world are beginning to reform the bankruptcy of revision. Although different countries have different legislation styles, the revision contents are not consistent; they put bankruptcy fraud taken from the law regulation on the agenda. Scholars from different countries arealso increasingly concerning about this problem of research, putting forward their own views. In Judicial interpretation such as the enterprise bankruptcy law, civil law, the PRC company law, the criminal law and the supreme people’s court on implementing the enterprise bankruptcy law of the People’s Republic of China (for trial implementation) the opinions on some issues, and the supreme people’s court on the trial of enterprise bankruptcy cases and the regulations on some problems, China makes treatment provisions on the enterprise bankruptcy, the reorganization of cases to the bankrupt enterprise conceals and transfering assets infringe upon the creditor’s equity fraud. Yet due to incarcerated procedural and institutional defects, so far, China still hasn’t got a complete and effective against bankruptcy legal system, and the practice phenomenon of the bankruptcy fraud has not been effectively controlled. The problem’s solving of bankruptcy fraud has great meanings to guarantee’s interests in bankruptcy; its regulation is related to the smooth development of national judicial process and the normal and stable social economic activities. If allowing the development bottom to go, it would cause irreparable damage to the social credit relations. So how to regulate the bankruptcy fraud also becomes the important topic urgently.It now appears that circles have researches on the definition, origin and hazard of bankruptcy fraud. But somewhat in regulation and precautions, there are still inadequate. Therefore, the author tries to study this topic from distinguishing the differences between bankruptcy fraud and ordinary civil fraud, analyzing the components and types of bankruptcy fraud, discussing the preventing of bankruptcy fraud based on the unique characteristic of bankruptcy procedure, discussing relief means of the legislation in view of the reality in different kinds of bankruptcy fraud, learning from foreign advanced experience, incorporating China’s new bankruptcy law formulation process problems, pertinently putting forwardown views, in order to provide the referencesto improve our current system.This paper has three parts:The first part mainly expounds two problems of bankruptcy fraud in connotation and types. Based on distinguishing the differences with generalized civil fraud in the system of legal act (i.e. fraud and tort law discriminate analysis of fraud), analyzing each component of bankruptcy fraud, then according to the reality of the existing bankruptcy fraud case,dividing bankruptcy fraud into fraud of false bankruptcy and fraud of true bankruptcy in bankruptcy proceeding, making foundation for discussing relevant contents of bankruptcy fraud relief below.The second part concentrates on the problems of perfecting the prevention system of bankruptcy fraud. Besides basic ways mentioned in company law about related regulations of directors and senior management personnel to prevent bankruptcy fraud from being occurred, how to prevent bankruptcy fraud with many unique regulations existing in bankrupt procedure such as manager system and bankruptcy preservation system, is the emphatically discussed problem in this part. Here in combination with current legislation practice of our own country and the legislation condition of other countries, the author puts forward some institutional improvement suggestions.The third part focuses on relief problems after the occurrence of bankruptcy fraud. The relief method differs when bankruptcy type is different. On one hand, legal disregard is used to realize the relief of fraud in false bankruptcy. On the other hand, when it comes to fraud of real bankruptcy, "strict liability immunity system" and "perfect revocable behavior system" can be used to achieve the relief point of view.

Related Dissertations

The Study on Legal Regulation of Fraud in Bankruptcy,D922.291.92
Related Bankruptcy of "Piercing the Corporate Beil" Application of the Principle,D922.291.92
A Study on Bankruptcy Fraud and Legal Restriction and Regulation,D922.291.92
Bankruptcy fraud investigation duties of the Insolvency,D922.291.92
Acts of false bankruptcy Criminal Regulation,D924.3
Research on Creditors’ Civil Remedies in Bankruptcy Fraud,D925.1
Suggest our country criminal law additional bankruptcy fraud,D924.3
On Bankruptcy Fraud,D912.29
Bankruptcy fraud study,D924.3
Improvement of anti- thinking of the legal system of bankruptcy fraud,D922.291.92
Bankruptcy fraud and countermeasures of,D922.291.92
Study on Legal-liability of Bankruptcy-fraud,D920.4
Bankruptcy Security System,D922.291.92
Bankruptcy fraud study,D924.33
Study on Anti-Bankruptcy Fraudulence System of China,D922.291.92
A Study on Fraudulent Transfers,D912.29
Type of administrative acts,D912.1
Investigation on Female Premenstrual Syndrome of Chinese Syndrome (Deficient Syndrome) Distribution and Relevant Constitution,R271.115
Clinical Research on Body Constitution Types Features in TCM and in Patients with Sleep Apnea Hypopnea Syndrome,R259
Characteristics of seasonal allergic rhinitis in patients with TCM constitution,R276.1
A Initial Study for the Time Distribution of Epileptic Seizure and Constitutional of Epileptics and Them Relationship,R742.1