The Analysis Of Drawing-back Investment Crime Under The Background Of New Company Law

Company registered capital system has undergone huge changes after CompanyLaw changed in2013. In addition to the special provisions of the State Council andthe relevant laws and regulations, the new company by the registered paid inregistration system into a subscription system. The new law makes the link betweenCriminal Law and Company Law, So the meeting of the Standing Committee ofTenth National People’s Congress amends the159form of Criminal Law andabolishes the law application of subscribed system of drawing-back investmentcrime. This change sparks controversy about the drawing-back investment crimeagain, theory development and practice exist disconnect. The legal norms ofdrawing-back investment behavior can not cause the deterrence of Criminal Law.Economic environment, social credit system and stakeholder demands call that weshould reserve drawing-back investment crime.This paper analyses the legislative features of drawing-back investment crime bygeneralizing the legislative changes, in order to have a comprehensive understandingof this crime. This paper finds that there is a problem and confusion of drawing-backinvestment crime in theory and in practice. Excavating the link between CriminalLaw and Company Law is the key of solving these puzzles, especially the conflict ofCriminal Law and Company Law in legislative mode, behavior identified, actors,criteria. In order to analyze and solve this problem in a widen vision, checks thelegislation of regulating drawing-back investment behavior in Japan, Germany andUSA after canceling the minimum registered capital system. It is easy to find thatstates legislation is sufficient for this behavior. This paper analyses the position ofmaintaining capital adequacy principles for Criminal Law after the modification ofCompany Law. We can conclude that drawing-back investment crime need beretained from the point of view of protection of legal interest, illegality ofdrawing-back investment behavior, social harmfulness, present situation ofdrawing-back investment, the protection of company property and the specification of foreign enterprise. At the same time, author finds that some shortages exist inprovision of Criminal Law, and hopes that it should improve these shortages andputs forward some suggestion based on remaining drawing-back investment crime.Including that changing drawing-back investment crime for drawing-back companyproperty crime, defining the difference between “investment” and “companyproperty”, expanding the range of subject, defining the standard of case ofdrawing-back investment crime, specifying the punishment scale of drawing-backinvestment. In order that this crime can maintain the market economic order andprotect company property. This can make Criminal Law more fair, acceptable,authoritative, and keep the balance of protection function of Criminal Law and theconstruction of the basic system.