지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Due to long-term global economic recession and financial difficulty, many companies have withdrawn from China. However, liquidation procedure is not only so long but also complicated while taking so long a time required. The friction caused from the relationship with regional government, employee, and creditors makes the liquidation procedure take long time to be settled. Even at a normal liquidation procedure, judicial decision judgement may be different from the provisions of the related law, causing physical and economic damage to executives who are in bankruptcy.
China’s jurisdiction is under the principle of legality and is based on grammatical interpretation. When, therefore, we interpretate liquidation obstruction in the clause 162 of criminal law, the act of obstructing liquidation, which cause economic damage of over 100,000 RMB, comes to violation of the criminal law.
Referring to judicial precedent of many years, however, actual judicial analysis is different from the clause. The purpose of legislation is preferred to grammatical interpretation in the court of law. In order to preserve the order of society and public interest, the machinery of law apply the clause of liquidation obstruction, even though a company is not under liquidation procedure yet but is under effectively. Contrary to the clause 14 of criminal law, willful negligence can be sentenced to violation of liquidation obstruction clause. Under the “Rule of standardizing public prosecution of economic crime” which was made by Supreme People’s Prosecution and Public Security Department, the violation of liquidation obstruction is applied.
Judical Branch is believed to solve the problems. Under the condition that social responsibility is strongly needed, however, and under Chinese central government’s policy of punishing the act of harming social order severely, meticulous care is required in advancing liquidation, in order to prevent damages.
China’s jurisdiction is under the principle of legality and is based on grammatical interpretation. When, therefore, we interpretate liquidation obstruction in the clause 162 of criminal law, the act of obstructing liquidation, which cause economic damage of over 100,000 RMB, comes to violation of the criminal law.
Referring to judicial precedent of many years, however, actual judicial analysis is different from the clause. The purpose of legislation is preferred to grammatical interpretation in the court of law. In order to preserve the order of society and public interest, the machinery of law apply the clause of liquidation obstruction, even though a company is not under liquidation procedure yet but is under effectively. Contrary to the clause 14 of criminal law, willful negligence can be sentenced to violation of liquidation obstruction clause. Under the “Rule of standardizing public prosecution of economic crime” which was made by Supreme People’s Prosecution and Public Security Department, the violation of liquidation obstruction is applied.
Judical Branch is believed to solve the problems. Under the condition that social responsibility is strongly needed, however, and under Chinese central government’s policy of punishing the act of harming social order severely, meticulous care is required in advancing liquidation, in order to prevent damages.
목차
Ⅰ. 서론
Ⅱ. 사법해석원칙에 의한 청산방해죄의 성립요건
Ⅲ. 법원판례분석에 의한 청산방해죄의 성립요건
Ⅳ. 요약 및 시사점
참고문헌
〈Abstract〉
참고문헌 (28)
참고문헌 신청
1. [학술지(정기간행물)] - 徐永辉 / 2010 / 中国外资政策转型与韩商投资经营: 青岛个案 / 中國과 中國學 11 : 67 ~ 100
2. [학술지(정기간행물)] - 오동윤 / 2012 / 한국 중소기업의 대중국투자 특성 연구 / 中國과 中國學 17 : 73 ~ 97
4. [학술지(정기간행물)] - 한상돈 / 2003 / 중국 경제범죄의 형사입법과 청산방해죄 / 비교형사법연구 5 (2-1) : 27 ~ 720
5. [학술지(정기간행물)] - 陈团 / 2003 / 论妨害清算罪 / 福建公安高等专科学校学报 4
6. [단행본] - 陈兴良 / 2006 / 刑法方法论 / 清华大学出版社
2. [학술지(정기간행물)] - 오동윤 / 2012 / 한국 중소기업의 대중국투자 특성 연구 / 中國과 中國學 17 : 73 ~ 97
4. [학술지(정기간행물)] - 한상돈 / 2003 / 중국 경제범죄의 형사입법과 청산방해죄 / 비교형사법연구 5 (2-1) : 27 ~ 720
5. [학술지(정기간행물)] - 陈团 / 2003 / 论妨害清算罪 / 福建公安高等专科学校学报 4
6. [단행본] - 陈兴良 / 2006 / 刑法方法论 / 清华大学出版社
이 논문의 저자 정보
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2014-910-002816913