Thinking On Drawing-back Investment Crime

Drawing-back investment crime is involved less at criminal law.But inpractice,drawing-back investment crime performance at many ways,so it is difficultto recognize.In contrast,there is little study about this crime in theory,and even insome respects is blank.This paper does some research about the weakness of thetheories,and strike to make drawing-back investment crime more clearly.This paper isdivided into five parts,against five of drawing-back investment crime respectively.The first part is criticism about the legislative mode of drawing-back investmentlaw.Firsrly introduced the legislative mode、false investment crime and the differencebetween drawing-back investment crime and false investmentcrime.Secondly,compared with legislative mode of other crimes,and insisted thelegislative mode is not proper because of the huge difference.The second part does some analysis about the criminal object of drawing-backinvestment crime,and points out that the criminal object is a complex object,includingnot only the state capital system,but also the interests of company, shareholders andcreditors.The target of the crime is “fund giving”,as the company’s registeredcapital.According to the judicial interpretation,the start of criminal proceeding of thiscrime shall be in accordance with the “tell”.Although this crime does not belong to“offence of complaint”,but it can be called “quasi-offence of complaint”.The third part is the objective aspect of drawing-back investment crime,citing thebehavior ways of the crime.Around the relevant judicial interpretation,the paper solved two problems:the new and the old judicial interpretation must be addressed inthe convergence;the calculation of“direct economic losses”.The forth part is about the subject of drawing-back invesrment crime.Determined bythe stage of the crime,the subject is only shareholders,not including sponsors.Theshareholders include original shareholders and successors.The fifth part dicussed that whether criminal law should take the initiative tointervene,insisted that criminal law should not interfere too much.Criminal law shouldkeep away with economy crimes.The active intervension of criminal in the economythield,neither possibility nor neceesarily.This paper trys to find new problems which are neglect in the past from newangle,and give theoretical study on the basis of judicial practice.