Analysis Of GuChujun’s False Report Of Registered Capital

This article analyzes the crime of falsely reporting registered capital in Gu Chujun’s case by using the two-tier crime composition theory,and judges whether Gu Chujun constitutes falsely reporting registered capital crime progressively between the objective illegal class and the subjectively responsible class.At the same time as the detailed analysis of Gu Chujun ’s criminal behavior by the objectively illegal class,the company’s legal system using the system interpretation combined with the criminal law system and the company registration system established by the crime of false registration of registered capital proposed the legislative purpose of the crime of false registration of registered capital.To protect the management order and credit order of the market economy,and by demonstrating that Gu Chujun ’ s behavior violated the legislative purpose of the crime of false registration of registered capital,he concluded that it constituted the crime of false registration of registered capital in the objective illegal class.In terms of subjective responsibilities,firstly,Gu Chujun’s subjective intention to falsely register registered capital was demonstrated,and then objective analysis from the perspective of legal value and legal norms led to the conclusion that accountability was insufficient to achieve criminal investigation and Gu Chujun Does not constitute the conclusion of the crime of falsely reporting registered capital.Compared with the current economic development concept,there is a mismatch between the crime of false registered capital established by the current criminal law of our country and this situation not only greatly restricts the vitality of the current market economy,but also does not coordinate with the new requirements of the booming economic development.And it deviates from the current development of the socialist market economy.Based on this,this article points out that the crime of falsely reporting registered capital should first be includedin the subsidiary criminal law,and gradually achieve the goal of non-criminal development,and improve the company law and its related administrative regulations in relief and punishment measures,information disclosure Wait for the relevant system to be regulated,in this way to achieve the ultimate goal of crime prevention,breaking the current embarrassing predicament of the crime of false registration of registered capital.