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학술논문비교형사법연구2013.12 발행

법정범(法定犯) 의의(意義) 상의 허위파산죄

Criminal of False Bankruptcy on Mala Prohibita Theory

쑨완화이(중국 화동정법대학교)

15권 2호, 711~728쪽

초록

Crime of False Bankruptcy is set up for the prevention of enterprise’s false bankruptcy in the process of finality, the comprehensive application of both Criminal Law provisions and Bankruptcy Law is required when solving complicated problems on Crime of False Bankruptcy. isdeemedasmala prohibita, with the illegal subjective intent as basement for criminal punishability and prepositive law’s followship and extension as premise for crime constitution. Crime of False Bankruptcy’s tatbestand is affirmed with the standards specified in Bankruptcy Law. Crime of False Bankruptcy is consistent with Bankruptcy flaw conduct, but inference to provisions in Bankruptcy Law is necessary as affirming.

Abstract

Crime of False Bankruptcy is set up for the prevention of enterprise’s false bankruptcy in the process of finality, the comprehensive application of both Criminal Law provisions and Bankruptcy Law is required when solving complicated problems on Crime of False Bankruptcy. isdeemedasmala prohibita, with the illegal subjective intent as basement for criminal punishability and prepositive law’s followship and extension as premise for crime constitution. Crime of False Bankruptcy’s tatbestand is affirmed with the standards specified in Bankruptcy Law. Crime of False Bankruptcy is consistent with Bankruptcy flaw conduct, but inference to provisions in Bankruptcy Law is necessary as affirming.

발행기관:
한국비교형사법학회
DOI:
http://dx.doi.org/10.23894/kjccl.2013.15.2.029
분류:
법학

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법정범(法定犯) 의의(意義) 상의 허위파산죄 | 비교형사법연구 2013 | AskLaw | 애스크로 AI