Preventing bankruptcy fraud is the value demand of integrity culture and individual bankruptcy system.However,the current enterprise limits of bankruptcy is inefficient,and there are many incompatibilities between the nature of bankruptcy procedure and the criminal composition of bankruptcy fraudulence crime,which weaken the function of both.In the construction of the individual bankruptcy system in the future,in order to effectively prevent bankruptcy fraud,we cannot simply reform it.We need to follow an adaptive path to protect the"honest and unfortunate"debtors as the common value of the limits of bankruptcy and the bankruptcy fraudulence crime,and play the role of the bankruptcy system by safeguarding the rights and interests of creditors,improving the efficiency value of the limits of bankruptcy,and respecting the modesty of the criminal law to properly allocate the criminal composition of the bankruptcy fraudulence crime,To achieve the balance of institutional interests.
关键词
个人破产/破产界限/虚假破产罪/适应性重构
Key words
individual bankruptcy/limits of bankruptcy/bankruptcy fraudulence crime/the adaptability reconstruction
维普
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