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The Study Of Capital Lfight Crime

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ChenFull Text:PDF
GTID:2296330431966687Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China’s "criminal law" stipulates97years of withdrawing capital crime,in judicial practice in China, has appeared in some of the crime "deposit" and "waste"debate. Company law revised on March1,2014formally implemented. Registeredcapital paid in registration system to a subscription registration, modification of thecompany law, the regulations and rules essentially to our company registered capitalsystem break through and leap.Because of the company capital system changes, and the company capital criminallaw come very naturally should also change. The author thinks, the new company lawby the registered capital paid in registration system into a subscription registrationsystem, this provision will have an important impact on the system of criminal law,criminal law should make adjustments in this respect.This paper consists of introduction, three main chapters and epilogue.Summary of the first chapter on the crime of escape. By reviewing the legislativehistory of the crime in the judicial process, the status and existing problems, to set upthe necessary.The second chapter withdrawing capital of the new company law under thebackground of the elements of the study. The new company law legislation on thecompany capital system and position has the important influence regarding this crime,the author examines the crime object, the object of this crime and positioning for theindependent corporate property and the market transaction security, rather than anational capital management system. This chapter to the special subject of crime werealso analyzed. At the same time, the new company law also influence the objectiveaspect of this crime. At the same time, the author also on criminal law and thecommercial law of capital flight behavior analysis, the essential difference between thetwo, discusses the scope of withdrawing capital contributions in the crime.The third chapter puts forward some legislative suggestions on the crime of escape.The author thinks that the criminal object clearly guilty, fixed charges of this crime,improve the criminal fine crime. In order to adapt to the characteristics of economiccrime, the legislative experience from Germany, it should increase the setting of the natural person qualification penalty in the penalty set.
Keywords/Search Tags:Crime of capital flight, System of capital, Crime constitution
PDF Full Text Request
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