Research On The Problem Of Withdrawing-back Investment Crime

Withdrawing-back investment crime has seriously affected the healthy development ofChina’s socialist market economic order and become a common phenomenon in the judicialpractice and problems. We need to clearly define the criminal connotation and contribution ofcrime of flight of capital contribution for preventing the phenomenon of drawing-backinvestment and to punish the Crime of flight of capital contribution. This paper will revolvearound the criminal essence and contribution of withdrawing-back investment crime, anddiscuss the controversial issues of the withdrawing-back investment crime with the theory andthe judicial practice to guide judicial practice better.The paper is divided into three parts, has a total of about thirty thousand words besideintroduction.The first part is essence of withdrawing-back investment crime. Here I will propose myviewpoint after analyzing scholars’ different viewpoint of capital contribution of the crime offlight of capital contribution. The capital contribution of the crime of flight of capitalcontribution is consisted of the ownership of the company and the system of prohibitingwithdrawing-back investment.The second part is analysis of the constitutive requirements of the drawing-backinvestment crime. Here, the author will analyze the capital contribution of thewithdrawing-back investment crime through the subject and behavior and object andprosecution criterion. The firstly, we analyze the subject. The company shareholders are thesubject of the withdrawing-back investment crime. But company sponsors aren’t. There isethical discussion of defective shareholders and dormant shareholders. The secondly, weanalyze the behavior of the drawing-back investment. After defining the drawing-backinvestment, the author analysis embody of the behavior according to the judicial interpretationof Company law. If Shareholders occupy company property free of charge for a long time,their behaviors are defective capital contribution not drawing-back investment. The thirdly,Shareholders’ capital contribution is the object of the drawing-back investment crime. On thebasis of defining drawing back investment, we analysis the part of Shareholders’ capitalcontribution which beyond registered capital and which with un legitimate source. The last,we analyze prosecution criterion of the drawing-back investment crime. Here, author focus on "serious consequences" and "other serious circumstances". In form of "other seriouscircumstances", I don’t agree provisions of drawing back investment together, it can bereplaced by “majority shareholders withdraw investment vote Majority shareholders and thecontrolling shareholder withdraw investment together”.The last part is the judicial cognizance question of withdrawing-investment crime. Thispaper focus on crime quantity forms of withdrawing-investment crime and distinctionbetween withdrawing-investment with other crime. In the part of crime quantity forms, wefocus on two questions. One is the distinction between Job-occupation crime and crime offlight of capital contribution. Another question is how to analyze the behavior of withdrawinginvestment for other crime activity. In the part of distinction between withdrawing-investmentwith other crime, I analyze the distinction between crime of flight of capital contribution andcrime of false registered capital contribution and crime of false capital contribution byanalyzing cases.