On The Objective Elements Of The False Investment, Drawing-back Investment Crime

False investment, drawing-back investment crime, is a company's initiator or shareholder who, in violation of the provisions of the Company Law, makes a false investment in the method of not delivering currency, material objects or not transferring property rights, or draws back the huge capital after a company is established, the consequences could be serious or other serious crimes act.The law of corporation has made the stipulation to the registered capital payment deadline, invest-ed for the first time, aspects and so on investment way, investment payment way, registered capital stability. False investment, draw-back investment has violated these stipulations, thus had criminal illegal .But, these stipulations had been established the ether multi-limits to the company, disadvantageous economical development, and become the capital important reason of false investment, draw-back investment.The false investment and drawing-back investment is the important performance of the crime objective aspect. The so-called false investment means to get the stock without the price, so it's obvious fraudulent. The performance is as follows: the company's initiator or shareholder deliver currency without according to the provisions of the Company Law, especially when delivering currency in material objects, industrial property, non-patent technology, and land use rights, the sponsor or shareholder fail to comply property transfer procedures or overestimate the value of the material objects, industrial property, non-patent technology, and land use rights. The key of false investment is not to delivery enough currency, but counterfeit to delivery enough currency.The so-called flight investment is the company's initiator or shareholder, without according to the provisions of the Company Law, transformed currency from their own all or part of the act after the company was established. The performance is the criminal deposited the shares, currency, the material objects and property rights.The construction cost crime also should achieve the huge capital, the serious result and any other serious circumstance. The huge amounts and the other serious crimes provisions in China's "Criminal Law" exist unreasonable, so it is difficult to practice.