Reflection And Reconstruction Of The Concept Of Smoke Escape Capital Contribution

There has been legislation blank of the identification and civil liabilityabout flight of capital contribution. Also there has been prevalentcontroversy bout the issue of shareholders Withdraws the CapitalContribution in the judicial practice and theoretical research. Therefore, theSupreme Court enacted judicial interpretation to clearly define andenumerate the behaviors of Capital Flight, and to provide the correspondingcivil liability. The first chapter is about the over viewing of the theoreticalresearch and legislative status about this problem. However, even if theSupreme Court’s judicial explanation has been enacted, predicament aboutthe issue of flight of capital contribution still exists in theory and practice,which can not be resolved. Based on the first chapter, the second chapterdetailed analysis of predicament about the issue of flight of capitalcontribution.On the base of tracing back the concept of capital flight in the thirdchapter, it is obviously that concept of capital flight and other similarconcepts are being confusing to use in native law; while almost can notretrieve in Companies Act provisions aboard. Based on the research ofliterature, cases and foreign law, the paper abstract the essence of capitalflight through a variety of behaviors is the company’s propertyunreasonable outflow, which is in accordance with distribution of commonlaw. Therefore, the paper creatively grafting the two concepts for thepurpose of resolving problems of this issue and saving resources inlegislation.