On the Recognition Criteria of Criminal-Civil Boundary of Bankruptcy Fraud
Bankruptcy fraud can constitute both civil violation and criminal offense.The demarcation between civil and criminal boundaries of bankruptcy fraud refers to identifying the standard to select those fraudulent acts that constitute crimes of false bankruptcy and crimes of obstruction to liquidation for punishment.In judicial practice,an unreasonable restriction and interpre-tation of crimes of false bankruptcy and crimes of obstruction to liquidation has led to an unreasonable distinction between the civ-il and criminal boundaries of bankruptcy fraud.The subjects of bankruptcy and the procedures in which the bankruptcy fraud oc-curs should not be the criteria for distinguishing between civil and criminal boundaries.Apart from the amount and circum-stances,the behavioral types of bankruptcy fraud and the causal relationship between bankruptcy fraud and bankruptcy status can also be used as criteria for distinguishing the civil and criminal boundaries of bankruptcy fraud.
bankruptcy fraudfalse bankruptcy crimecrimes of obstruction to liquidationcriminal and civil demarcation
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