회사자본제도 변혁 중의 형법보장

Abstract

As the amending of the company law in 2005 in China, great changes have taken place in the capital system. This reform is consistent with the international trend about the corporate capital. But it increases the gap between the law protect in criminal law and the corporate law. Some criminal provisions cannot protect the corporate capital system availably according to the new company law. The author advocates that the criminal legislation should make corresponding adjustment, which abolishes the crime of false reporting registered capital and the crime of false contributed capital, changes the crime of surreptitious withdrawing the contributed capital into the crime of surreptitious withdrawing the corporate property, and add a new accusation of using fraudulent means to increase corporate capital in the current criminal law.