Study On The Rules For The Establishment Of The Qualification Of The Legal Representative Of A Company Under The Condition Of Criminal Offence

As a legal system with Chinese characteristics,the legal representative system plays an important role in corporate governance.In recent years,the criminal cases of the legal representative,especially the economic crimes,are frequent,and the problems in the rules for establishing the qualification of the legal representative of the company have been revealed after being sentenced,the existing theory lacks sufficient research on the removal and change of the company’s legal representative after being punished,and the provisions of laws and regulations are generally rough.In practice,it is difficult and impassable to adjust the qualification of the legal representative of the crime only according to the regulation of the registration of the legal representative of the enterprise.This article aims to solve a legislative problem,that is,under the constraints of the company’s legal representative qualification rules,including the legal representative qualification rules and the replacement of legal representative rules.Firstly,through the legislative analysis of the qualification restriction rules of the legal representative of the company after being punished,the legislative defects of the existing qualification restriction rules are summed up,secondly,it analyzes the judicial predicament and its causes of the application of the rule of the company’s legal representative replacement after being punished;On the basis of the theory of balance of interests and the incidental consequence of criminal law,the author sets up the accusation and penalty restraint on the qualification restriction rules,and according to the types of judicial disputes when the legal representative is removed or changed,at last,we draw lessons from foreign laws and regulations to make the choice of the rules of establishing the qualification of the legal representative of the company after the punishment.Based on this idea,the main body of the article is divided into five chapters:The first chapter is the legislation analysis of the company legal representative qualification restriction rules after being tortured,including the practical significance of establishing the rules of the company’s legal representative’s qualification limitation and the characteristics of the rules after being punished,and then the status quo and defects of the rules are analyzed;The second chapter introduces the procedure rules of the replacement of the legal representative of the company after being punished,sorts out the judicial disputes on the basis of combing the current cases,sums up the current judicial predicament,and analyzes the causes of its formation;The third chapter,based on the reflection of the defects and difficulties in the rules of qualification restriction and replacement procedure of the legal representative after being punished,sets restrictions on them.First of all,the article sets restrictions on the rules of qualification limitation of the company’s legal representative after being punished,and then sets restrictions on the rules of replacement of the legal representative after being punished in different types of companies;The fourth chapter examines the establishment rules of the qualification of the company representative after being punished outside the country.This paper makes a legislative analysis on the rules of the restriction of the qualification of the company representative after the punishment and the procedural rules of the cancellation of the qualification of the company representative after the punishment;The fifth chapter is the combination of the foregoing analysis,from the legislative,judicial,enforcement of the three aspects of the summary of China’s choice of rules to solve the problem in this article.The main research methods used in this paper are literature research,Comparative Research and Case Analysis.Its innovation and research significance lie in the research object involves the criminal law and the company law,the interdisciplinary research conforms to the present legal science question research tendency,in the practice,with the rise of crime rate and the rapid development of market economy,more and more legal problems of the combination of criminal and commercial need to be solved.In terms of the research results,the domestic articles related to the study of criminal offence and the qualification of legal representatives mainly collate the legal provisions of the qualification of foreign company representatives after criminal offence,but has not carried on the ponder to our country correlation stipulation flaw and the existence question.Based on the deep research of the predecessors,this paper refines the different situations of different types of companies,and perfects the rules of the criminal offence and the legal representative qualification of the company,so that the problems in theory and practice can be solved in legislation,so as to achieve innovation in research content and fill the theoretical gap.