A False Capital Contribution, Smoke Escape Capital Contribution Of The Judicial Cognizance

Company capital is the\"blood\" to the survival of company, is not only the material basis ofthe operation of the company is also the company’s foreign debt to ensure the material, has thespecial sign company credit function. In our country, the originator of false capital contributionand the behavior of the flight of capital contribution of shareholders, and even has becomeincreasingly rampant, which violates the principle of good faith and capital enrichment principle,serious damage to the company’s other sponsors and other shareholders, the company itself andthe legitimate rights and interests of the creditors, affect the transaction security, disrupt socialeconomic order, its very dangerous and radiation to the many aspects of society, because thecompany shareholder investment disputes caused by false also accounted for a proportion atpresent, the crime of false capital contribution is less involved in China’s criminal law research ofa crime, but in practice, the crime of false capital contribution means diversity, form varied,difficult to grasp, along with our country reform of company capital system, major changes inthe legal standard of the company’s registered capital, the cognizance of the crime of false capitalcontribution in the judicial practice in some embarrassment, is also for us to discuss with falsecharges provided a rare opportunity. This article will revolve around a false capital contributioncrime in the judicial cognizance question, introduces the crime of false investment legislationpresent situation, the false capital contribution compared with the other a crime in the criminallaw. From a new Angle, found that in the past did not pay attention to the problem in thetheoretical research, and provide theory for judicial practice to the survival of company capital isthe\"blood\", is not only the material basis of the operation of the company is also the company’sforeign debt to ensure the material, has the special sign company credit function. In our country,the originator of false capital contribution and the behavior of the flight of capital contribution ofshareholders, and even has become increasingly rampant, which violates the principle of goodfaith and capital enrichment principle, serious damage to the company’s other sponsors and othershareholders, the company itself and the legitimate rights and interests of the creditors, affect thetransaction security, disrupt social economic order, its very dangerous and radiation to the manyaspects of society, because the company shareholder investment disputes caused by false alsoaccounted for a proportion at present, the crime of false capital contribution is less involved inChina’s criminal law research of a crime, but in practice, the crime of false capital contribution means diversity, form varied, difficult to grasp, along with our country reform of companycapital system, major changes in the legal standard of the company’s registered capital, thecognizance of the crime of false capital contribution in the judicial practice in someembarrassment, is also for us to discuss with false charges provided a rare opportunity. Thisarticle will revolve around a false capital contribution crime in the judicial cognizance question,introduces the crime of false investment legislation present situation, the false capitalcontribution compared with the other a crime in the criminal law. From a new Angle, found thatthe past did not pay attention to the problem in the theory study, and provide the basis oftheoretical research to the judicial practice.