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How To Secure The Corporation System With The Criminal Law

Posted on:2008-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2166360242457802Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As the legal interests, the corporation system, is not only the object of the corporation's crime, but also protected by the Company Law and the Criminal Law. In this essay, we insist that only the Law regulate the crime, emphasize on how to protect the Corporation System and limit the intention and extension of the corporation system and company crime. I analyses the three rules which the Criminal Law should obey when it secures the corporation system; and perfect the domestic company criminal legislation by compare them with the ones of foreign country. I research how to connect the company law and criminal law, it can give a blow to the changing company crime efficiently, and secure the human rights.Chapter I resumptively defines the main contents of company and corporation system, and the company law how to rule the corporation system.1. analyses the definition and feature of corporation through researching the legislation of the different countries;2. define the corporation system ;3. introduce the theory which the company law how to secure the main part of interest;Chapter II defines the several basic questions about the protection of corporation system with the criminal law. 1. the protection of corporation system with criminal law is reasonable; 2. the rules which the criminal law should obey when it secure the corporation system;3. analyses the intension and extension of company crime by researching the three features of company crime.Chapter III analyses the criminal company legislation of civil law countries and areas.1. the legislation mode, the enactment of crime, the configuration of penalty of the civil law countries and areas;2. the defect of the domestic company criminal legislation in the above aspects;3. supply the perfect suggestion about how to secure the corporation system. Chapter IV researches the defect and perfection of the criminal law when itsecures the capital institution of company by compares the antique company law. We analyses the requisites for the crime, including the offence of misstating registered capital and the offence of misstating investment.Chapter V researches the defect and perfection of the criminal law when it secures the corporation governance institution by compares the antique company law. Analyses the three kinds of crime which modified and added by amended bill of criminal law (VI) : the requisites for the offence of misstating report finance and accounting, the accusation and requisites for the fraudulent bankruptcy and infringing the asset of listed companies.Chapter V researches the defect and perfection of the criminal law when it secures the liability institution of company by compares the antique company law. We Researched the infection of judicatory by disregard of corporate personality, which stipulated by the new Company Law, and who is the crime subject for the offence of fraudulent bankruptcy, The units or the natural persons?...
Keywords/Search Tags:corporation system, Company Law, company crime, criminal protection
PDF Full Text Request
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