Study On The Mechanism Of The Withdrawal Of Foreign Non Normal Criminal Liability

As China gradually expands the opening, a large of foreign capital continues pouring into the market. This phenomenon is a coin for our country. foreign capital is an important factor to promote the international development of our economy; but it can also have some negative impacts on China’s domestic market environment and legal environment. Before the foreign-invested enterprises are fulfilled the liquidation obligations and filing for bankruptcy according to our legal procedures, they suddenly quit their investment areas without any sign. The behavior of foreign investments is called foreign capital non-normal withdrawal. It is the main manifestation of the negative impacts of large foreign investments on Chinese domestic market environment and legal environment。That behavior can left a lot of wages, dispute over obligation and other debt issues. Furthermore, it can lead to a chain bad reaction of economic and social development. This can cause extremely serious consequences, not only for the country and the enterprises, but also for the creditors and the company’s workers. What is more, it would even seriously affect social harmony and stability. Although China has introduced policies to address the problem of foreign capital non-normal withdrawal, the action is only carried out in the form of advice or recommendations, and that action does not indicate the implementation radically.From the perspective of law of criminal procedure, this paper analyses the trend of foreign capital non-normal withdrawal in China according to the different forms of foreign capital non-normal withdrawal. Nowadays the foreign capital non-normal withdrawal happened frequently. That phenomenon indicates that our legal system is not perfect and there are serious problems in enforcement of law. Therefore, this paper makes use of existing law system for finding out foreign capital non-normal withdrawal in the ways of different stages of criminal proceedings to propose the criminal liability undertaken by foreign investors who violated China’s criminal law when departure China, and find the ways or measures to pursue the relevant suspects. This paper summarizes the plight of pursuing criminal liability of foreign capital non-normal withdrawal in theory and practice and deduce legal and institutional weaknesses of our current law system for the class crimes of the foreign capital non-normal withdrawal. In the end, according to the current situation of China, this paper put forward a sound proposal for the foreign capital non-normal withdrawal criminal liability from the mechanism of the development and the creation of the legal system. It is the highly time to pursue the criminal responsibility of foreign capital non-normal withdrawal. If we do not enact laws and make them come into force efficiently and timely, the behavior of foreign capital non-normal withdrawal will spread rapidly. That will serious impact on our economic security and social stability Therefore, we should work out a set of legal system to pursue legal liabilities for the behavior of foreign capital non-normal withdrawal, which can sweep the obstacles in the way of China’s future economic development.