Reacher Of Capital Crime Under The Reform Of The Capital System

A reform on registered capital system is taking place in China.Legal capitalsystem is replaced with an authorized capital system in the process of thisreform.Crimes of Impairing Order of Administering upon company capital must bereconsidered.This article is based on the study of company capital system.In thestudy,the issues of the conflict between criminal law and company law in China isdescribed and a solution of this conflict is put forward.This paper constitutes three chapters.Chapter I describes the legislation idea ofregistered capital system;Chapter II reveals the conflict between criminal law andcompany law;Chapter III shows a way of solving this conflict.Specific content asfollows:Chinese company law was revised in the year20013, in the latest version ofcompany law, a subscribed capital registration system took the place of apaid-up-registered capital system.This shows the governments’ attitude changedfrom capital credit to assets credit and ways of managing market are updated.In themean time,Crimes of Impairing Order of Administering upon company capital in thecriminal law must be updated as well.Legislative model of crime law must be changed.Crimes of impairing order ofadministering upon company capital in the criminal law is far behind company law in、legislative idea and this has cause the conflict of two law department.To solvethis problem,the use of a separate criminal law as a temporary accommodation is afeasible way, but this is only a temporary measure.In order to fundamentally solve thisproblem, legislation modes of capital crimes must be reformed.The author suggests toadd the subsidiary criminal law into company law.In the design of capital crime,the author proposes to abolish the crime of falseregistered capital and false capital contribution; reform the crime of withdrawingcapital and change it into the crime of withdrawing company property.