| The company’s capital system is the soul of the company. Under the specifichistorical conditions, China introduced the statutory capital system, which played apositive role in regulating investment body, protecting the interests of creditors andmaintaining market order for a long period of time. However, the modern marketeconomy being marked with acceleration process of economic globalization, theglobal market-oriented and market competition, the statutory capital system hasalready had difficult in dealing with market changes. Different from "country-mademarket", it is mainly "capital-build market" now. In the capital market, the capital ofthe company as a major economic entities field was confronted with many problemsduring the process of company-funded operations, capital increase operations andcapital maintenance, there were many capital false behaviors such as Falseregistered, the increase registered capital, false funded, flight of capital and so on. It isdue to the increasingly prominent role of the capital market, the capital dynamicnature and the registered capital of static demand inevitably adverse results. As thephase inverse conflict is becoming more and more serious, the stagnation ofauthorized capital of our country itself is a main cause, The minimum amount ofstatutory capital being too high is the direct cause， too narrow form of non-monetarycontribution is the indirect cause.The laws and regulations of relevant company in registered capital areas, thereare there levels: commercial law, administrative law and criminal law. In CommercialLaw, Company Law is regarded as "maternal" in the corporate aspects of laws andregulations; In Administrative Law, the company registered capital registrationmanagement Ordinance is regarded as " Operating Manual " of in the specificimplementation of the relevant companies,";In Science of Criminal Law, CriminalLaw is regarded as the last barrier of relevant companies crime ". Of course, it alsoincludes relevant judicial interpretations. These laws and regulations regulate capitalfalse behaviors, but there are limitations: The text of these laws deal with inflatedcapital and other capital false behavior classified into the behavior of false registeredcapital or false funded behavior for processing. Without relevant laws regulatinginflated capital behavior directly, it causes a different verdict on the same type ofcases and reduces the credibility of the administration of justice.There are two functions of the company’s capital. One is the guarantee function, which has transferred to finance function. Another is company’s capital credit, whichhas transferred to the company’s asset credit. However, due to the lacking of creditasset in the China’s market economic environment, we have to introduce the statutorycapital system but not completely abandon the registered capital either on the groundof considering protection of the company’s property and the creditors’ interests, Then,what we can only do is to adjust the authorized capital of the existing institutionalframework. It is reducing the degree of the registered capital of static and capitaldynamic phase-inverse by releasing the stringent requirements of the statutory capitalsystem, reducing the minimum amount of registered capital wage, and furtherexpanding the scopes of non-monetary contribution at the same time. It hastransferred from the "status" to "contract" in the company’s development in the future.And the broadening of the company’s capital system will inevitably make falseregistered capital behavior and false registered capital crimes fade out in the stage ofhistory; False investment behavior and false funded crime, flight of capital behaviorand the flight of capital crimes will also be greatly reduced. Especially inflatedregistered capital behavior will cease to exist, many of the problems caused byinflated registered capital behavior is naturally solved. |
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