Object elements. The object infringed by this crime is a complex object, including the bankruptcy system of companies and enterprises and the legitimate rights and interests of creditors or others. Bankruptcy system mainly refers to the bankruptcy order protected by the national bankruptcy law; The legitimate rights and interests of creditors or others mainly refer to property rights. Objective elements. The objective aspect of this crime is that companies and enterprises implement false bankruptcy by concealing property, assuming false debts or transferring or disposing of property in other ways, which seriously damages the interests of creditors and others. Specifically, it includes three aspects: First, it is necessary to conceal property, assume fictitious debts or other acts of transferring or disposing of property. Concealed property refers to concealing, transferring or concealing all or part of the funds, equipment, products, goods and other property of a company or enterprise. Taking on fictitious debts means making up and admitting debts that are untrue or nonexistent. Other transfers and dispositions of privately dividing property refer to the acts of privately dividing or transferring property for free, selling property at abnormal prices, providing property security for debts that were not originally secured by property, paying off debts that are not due in advance, and giving up creditor's rights as stipulated in Article 35 of the Bankruptcy Law. As long as the actor carries out any kind of transfer or disposal of property under the above circumstances, it is in line with this objective behavior requirement. Second, fake bankruptcy must be implemented. That is, in the absence of bankruptcy reasons, the debtor fictionalizes and forges bankruptcy reasons by means of hiding and transferring property, applies for bankruptcy declaration, evades creditors' recourse, and thus encroaches on other people's property. False bankruptcy here refers to the fact that the enterprise has not reached the bankruptcy limit and applied for bankruptcy by forging bankruptcy reasons, rather than real bankruptcy. Third, it has seriously damaged the interests of creditors and others. That is, it must be an act that causes great property losses to creditors and others to constitute this crime. Creditors here refer to financial institutions, bondholders of companies and enterprises, people who enjoy creditor's rights in economic contracts, others refer to employees of companies and enterprises, state tax authorities and so on. The above three objective requirements must be met at the same time, and both are indispensable. Theme elements. The subject of this crime is a general subject, which can be composed of any company or enterprise. That is to say, according to the provisions of the Bankruptcy Law and Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), enterprises owned by the whole people, collective enterprises, joint ventures and private enterprises with legal personality all meet the requirements. Subjective factors. The main elements of this crime. However, only the directly responsible person in charge and other directly responsible personnel of the criminal unit shall bear criminal responsibility. Subjectively, this crime must be constituted by intention. The actor must have circumstances that directly harm the interests of creditors. Negligence does not constitute this crime. As far as the motive and purpose of this crime are concerned, it is often to avoid debts. But the purpose and motive of the crime do not affect the establishment of this crime.

legal ground

Criminal law of the people's Republic of China

Article 162 Where a company or enterprise conceals property, falsely reports its balance sheet or inventory of property, or distributes property before paying off its debts, thus seriously harming the interests of creditors or others, the person in charge and other persons directly responsible for it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined not less than 20,000 yuan but not more than 200,000 yuan.