界限与平衡:破产案件刑民交叉问题及解决路径分析

Boundary and Balance: An Analysis of the Cross Problem of Criminal and Civil in Bankruptcy Cases and the Solutions

鉴于破产案件所涉及的刑民交叉问题,无法单独将其放在任一独立的法律层面研究,而需兼顾刑事法律规范和破产法。当前在我国刑事法律规范和破产法的交叉领域存在法律漏洞,因此,本文旨在探索建立一套破产程序中刑民交叉问题的处置机制,以解决我国现阶段司法实践中破产清算案件遇到的刑民交叉问题。本文将采用理论分析法、比较研究法的研究方法,围绕司法实践中人民法院在审理刑民交叉的破产清算案件遇到的涉刑债权审核、破产财产金额认定、涉刑破产债权清偿顺位不清的问题,从立法和司法两个层面分析产生上述问题的原因,并试图推动刑事诉讼程序和破产程序良性互动,建立查明破产债权机制、涉刑破产财产处置机制、涉刑破产债权明晰的清偿顺位。

In view of the intersection of criminal and civil issues involved in bankruptcy cases, it cannot be studied at any independent legal level, and it needs to take into account both criminal legal norms and bankruptcy law, but should take into account both criminal legal norms and bankruptcy law. At present, there are legal loopholes in the intersection of criminal norms and bankruptcy law in China, therefore, this paper aims to explore the establishment of a set of disposal mechanism of the problem of criminal and civilian cross in bankruptcy proceedings, so as to solve the problem of criminal and civilian cross in bankruptcy liquidation cases in our current judicial practice. This paper will adopt the research methods of theoretical analysis and comparative research to analyze the causes of the above problems from the legislative and judicial levels, focusing on the problems of criminal claims review, bankruptcy property amount determination, and unclear settlement sequence of criminal bankruptcy claims encountered by people’s courts in the trial of bankruptcy liquidation cases involving criminal and civil cross, and try to promote the positive interaction between criminal procedure and bankruptcy procedure, establish the mechanism of identifying bankruptcy claims, the disposal mechanism of criminal bankruptcy property, and the clear liquidation sequence of criminal bankruptcy claims.