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On The Criminal Law System To Protect The Company’s Capital

Posted on:2017-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y G HuangFull Text:PDF
GTID:2296330482490812Subject:Law
Abstract/Summary:PDF Full Text Request
2013, "Company Law" third amendment was adopted, the "amendment" to define the company’s registered capital to set up a registration system will be paid into the registered capital subscribed registration register and the removal of restrictions the company set up a minimum registration capital. The content of the reform of the reduction and limitation of three counts of criminal law on corporate capital system-"a deficiency shall we escape" the scope of the crime in the judicial practice, to the existing criminal challenges. "Deficiency shall we escape a" legal interest incrimination protection conditions and conditions of the times are changing, some scholars have suggested that after the reform false registered capital acts criminal law lost the basis for existence of false investment behavior will also be in less and less after the reform. The modification relaxation of capital controls company, raised the specter of "a deficiency shall we escape," the social harmfulness of discussion, a lot of the view that the criminal law in this three capital crime compared to the current danger to society in the Criminal Law other crimes seem relatively minor, it should take the opportunity of the Company Law reform will modify or cancel it completely. In the subscription system, "a deficiency shall we escape" incriminating conditions and standards change occurred. But this can not completely negate the significance of the presence of a deficiency shall we escape, holds many lessons for understanding the essence of the subscription system is too one-sided, but also overestimated the existing legislation on the "deficiency shall we escape a" control effect. Based on China’s current situation, taking into account the requirements of the Criminal Code relative stability, judicial practice is difficult to put all the offenses included in the Criminal Law. The substance of economic crime tends to increase with social facts presented relatively floating phenomenon, if this claim is always timely and consequent changes to the Criminal Code neither science is difficult to achieve. It does not directly "deficiency shall we escape a" repeal, but should redefine "a deficiency shall we escape," given a new connotation of the times. This paper argues that, in criminal law, "a deficiency shall we escape," part of the description is based on counts of the case when the company’s capital paid-manufactured set, but in the subscription system, the company’s capital information publicity system is still in need of protection, criminal law the three capital sins still exist necessity. Therefore, this article will discuss how the plight of "deficiency shall we escape a" sin currently facing and how to apply these three offenses under the existing conditions, as well as facing three counts of how to improve.
Keywords/Search Tags:company thresholds, capital system, false investment, capital flight, false registered capital
PDF Full Text Request
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