The Infringement of Creditor's Rights and Bankruptcy Fraud

• Main Authors: Mei-hua Chen, 陳玫樺
• Other Authors: Dong-mau Lin
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/38333550678132285276

碩士 === 東吳大學 === 法律學系 === 99 === Economic prosperity is the double edged sword. What comes with the light also brings in the darkness. Whilst a thriving economy supports civilization and financial advancement what evidently followed are the rapid gains in national treasury and GDP growths. Unfortunately, these economic advancements often lack the necessary changes in societal norm and moral progression for guiding what constitute a continual positive development. Corporation and Individual alike are the members of the society in which rightful way both shall enjoy legal protections upon their rights. In the same way comes with these rights are obligations to submit to the governance of their country’s administrative system. However, under the seemingly perfect web of governing schemes disguises policy loopholes ready for the intended opportunists to plunder for their illegal loots in property gains and rights. Unfortunately, many unlawful conducts and financial frauds are unexposed under the sun like the wastes accumulated in the under tunnels of the city sewage system if left untended it will inevitably endangers the integrity of the country’s financial system as a whole. It will also undoubtedly deliver a blow to the effectiveness of judicial deterrence and the enforcement of the law. As often seen on the news, frauds like corporate money laundry, impropriator sales of assets and shell company infringe upon investor’s and debtor’s lawful rights while create loopholes that damage the stabilities of financial and credit transactions. It is utterly important to strengthen every individual’s awareness to financial crime and fraudulent debt so that appropriate preventive measures to promote and facilitate early identification of fraudulent activities are emplaced. These measures should aim to initiate prompt detection of these illegal activities before extensive damages and further losses occurred while at the same time strengthen the social morality in every level. The institution of the judicial system in all levels should collaborate with the public by adapting a trusting relationship in fighting against these fraudulent crimes. Under such consideration, the author discussed in chapter 1the motive for research and its purpose, whereas in chapter 2, the definitions and categorizations of financial crimes with their constituting factors and characteristics analyzed and discussed. In addition elaborately analyzed cases of serious legal entity and corporate crimes are included in this chapter as well. Chapter 3 discussed the guidelines from criminal law perspectives for debt and fraud. In addition, it also provides analysis of existing verdicts from national judicial court systems. Chapter 4 focused on crimes of bankruptcy, and the comparison of existing bankruptcy law guidelines and their applicability while considering other countries’ policies, and relevant policy changes and progressions to pinpoint the problems that are faced by national bankruptcy law. Chapter 5 provides in depth review of the issues discussed priorly. Everyone, who includes individual, corporation, legal entity, and governmental institute, could very possibly be the next potential victim. Many victims are even well educated professionals such as corporate representative or government official cascading down the chain of power, the resulting damages could be substantial. Therefore, for the recommendations, issues such as how the legal constituting factors should be amended, how early practical operations on protecting debt rights, providing victims relevant litigation guidance and assistance are thoroughly discussed. Within the content of this chapter, separate attempts were raised for schematic and practical guidelines and recommendations for financial crimes and the criminal acts of fraudulent infringement of debts.