On The Crime Of Misstating Registered Capital

In order to ensure that all the companies reach a certain scope so as to reduce transaction risk, corporate law of China requires a minimum amount of registered capital for establishing a corporate. This statutory requirement is set to maintain the normal economic order in society. As for the shareholders, it is the embodiment of their capitalization and the base of enjoying shareholder rights and taking limited liability to the corporate. As for the corporate, it is a statutory requirement to set as an independent legal person and also the economic base to operate and incur its own civil liability. As for the debtors, it is a basic guarantee for the debts but not an adequate one. However, there has being an abnormal phenomena in our society that people are keen to get an abundant registered capital in surface so as to gain reorganization from the other parties in business. Thus, crime of misstating registered capital occurs frequently.The Crime of misstating registered capital refers to the action that the person who applying for company registration obtains the registration by deceiving the competent company registration authority through falsely declaring the capital to be registered with falsified certificates or by other deceptive means, and when the amount of the falsely registered capital is huge, and the consequences are serious or there are other serious circumstances. The Crime was established in the 1995's Decision of the Standing Committee of the National People's Congress Concerning Punishment of Crimes against Company Law for the first time and affirmed (acknowledged) by the amendment of our Criminal Code in 1997. The establishment of the crime plays a significant role in standardizing companies'performance, limiting and securing the companies'operating activities, and strengthening the regulation of the investment. The Crime of misstating registered capital occurs frequently in justice practice, and there also exist many difficult problems during the judicial cognizance.In this paper, it is divided into six chapters to discuss several problems about Crime of misstating registered capital. In Chapter One, proceeding with the conception of registered capital I will discuss reasons of misstating registered capital behaviors and the harm resulted from them and other fundamental problems. Moreover, I will make a brief review on the establishment revolution of Crime of misstating registered capital. Chapter 2 discusses the boundaries of crime and non-crime from the main and objective aspects of the crime. It also introduces how to define the misstating registered capital from the audit and accounting point of view, and analyzes its impact during the judicial cognizance of the crime. In chapter Two, I will discuss the boundary between criminality and innocence and also introduce the way in defining the registered capital from auditing and accounting angle. The impact caused by the crime will also be analyzed in the end. Chapter 3 mainly elaborates crime quantity of the crime of misstating registered capital from the relation between the Crime of forging in the official documents, credentials, or seals of state authorities, the Crime of fraud and the Crime giving a bribe and the behaviors of the forgoing. Chapter 4 mainly discusses the criminal attempt of the crime, how to cognize the nature of"financing capital verification", and the joint crime between the unit and the natural person. In Chapter 5, with the theory of clauses of concurrence, I am going to resolve difficulties in cognizing the crime of misstating registered capital and the crime of feigned investment by dealing with their associations and distinctions. In Chapter 6, under the condition that the Corporate law has been revised significantly, I will analyze the conflicts or even contradictions between the newly Corporate Law and the current legislation and judicial interpretations. Furthermore, I raise some propositions on the revision of the legislation and judicial interpretations in order to keep the harmony between Criminal Law and the economic law, between civil law and commercial law and to realize the social protection function of the Criminal Law.