Theory Of Crime Constitution Of The Criminal Of Stocks,Company Or Corporate Bonds Without Authorization

As for our country, due to the fact that the securities market was generally in a state of disappearance during the twenty years from1959to1978, there is naturally no bonds of the crime closely related to the arbitrary issuance or corporation or enterprise stock with the standardized securities market, however, stocks, corporate bonds and the company began to appear until the party held on the14th meeting. As one of criminal charges of illegal fund raising, it is rare to issue shares, company, enterprise bonds without authorization in the judicial practice, what’s worse, it is also a few about the academic research results of this crime, given that the further development of market economy as well as the increasingly intense of the complexity of economic activity, it is necessary to clearly know the general crime constitution of arbitrary issuance of company, corporate bonds, including how to distinguish between this crime and that crime, crime and not crime according to the article179in penal law. Through one of few real cases (like Shanghai company issue stock case, the issuance of company bonds case without authorization from li Jianmin, Wan Shanyi, Ruan Qingsheng, etc.), the people can be more intuitive to understand the common criminal patterns. At the same time, even though the people formed a unified view on the crime constitution of this crime in practice, there are still some controversy about the criminal subject (general or special subject) or subjective aspect (direct or indirect intentional) or crime object (complex object or simple object), or the objective aspect (excess issuance, huge number), etc. in the theoretical circle. In particular, nowadays the registered system of stock issue is so increasingly rising that there is seemingly no necessity for this crime to survive, but the registration system is not equal to leave anything alone, even if the securities issue market really implemented the registration system, securities issuers still need to provide to the securities supervision and administration department some documents material about securities issue, etc. If the document materials provided by the securities issuers do not conform to the statutory form or did not submit or began to issue securities to the public without the statutory time, such as this kind of behavior still formed a arbitrary issuance behavior, this behavior still destroy the management order of the securities issue market in our country, and the offenders who take part in the issuance of shares, company, corporate bonds without authorization deserve the convict from the penal law, therefor, this crime still has its existence value.