On The Necessity Of The Crime Of "Two False And One Flight" "Under The Reform Of Chinese Company's Capital System

In order to cooperate with the relevant provisions of the company law in 1993 on protecting the capital system of the company,the criminal law of China in 1997 established three categories of crimes against the company's capital crimes,namely,the false report of registered capital,the crime of false capital contribution and the crime of capital withdrawal(hereinafter referred to as "two false and one flight").After all three of those charges were made to amend the law of justice in 2005,the law of law would have to abolish the criminal law's debate about the"two false and one flight".This debate continues until the revision of the "corporate law" in 2013,especially with the establishment of a capital recognition system,which pushes the debate to the extreme.The implementation of the capital recognition system means that in addition to the special legal person established by law,the minimum capital requirement is required,and the establishment of many companies does not have the minimum capital requirement.In this regard,scholars believe that the provisions of these three crimes should be abolished in order to adapt to the economic and social development.However,the author thinks that based on the current social reality of China's economic and social development,the necessity of protecting the legal interests of the company's capital information system and the non-conformity principle of criminal law,the three crimes should not be abolished at present.At the same time,it is worth noting that the implementation of the capital recognition system also provides a certain dilemma for the judicial practice community to determine the three charges.Therefore,it is necessary to re-interpret the three crimes from the point of view.On the one hand,it is hoped to provide a new perspective to view the dispute,and on the other hand,to provide some guidance for judicial practice activities.The article focuses on four aspects of the article.The first part discusses the specific provisions of the criminal law of China on the crime of "two false and one flight" before the amendment of the company law in 2013,and the legislative provisions of the criminal law of China on "two false and one flight" crimes are viewed from the perspective of history in order to analyze the legislative attitude of the legislature on this issue.At the same time,we will return to the effect of the current capital recognition system on the aforementioned crimes to form a preliminary understanding of the problem.In the second part,the author analyzes the influence of the reform of the company law in 2013 on the crime of "two false and one flight" after the implementation of the capital recognition system,and the actual dilemma faced by the judicial organs of the three kinds of capital violations,which are identified and prosecuted in judicial practice.The third part elaborates on the basis and rationality of the crime of "two false and one flight" in the capital system of the company,not only from the perspective of legal theory,but also elaborates the actual cases related to the three crimes in the current relevant laws and regulations in our country,as well as the actual cases related to these three crimes,so as to clarify the rationality of its continuing existence.The fourth part puts forward the revision or reinterpretation of the crime of "two false and one flight",and puts forward the direction of the reform and improvement in order to solve the dilemma faced by the judiciary,based on the judicial dilemma brought by the crime of "two false and one flight".