Research On Criminal Legislation Of Crime Of Misstating The Registered Capital Against The Background Of Amendment Of Company Law

The amended Company Law is passed in 2005, and carried into force in Jan. 1, 2006. This amended version of Company Law is rendered to be a breakthrough and creation of the existing system, and re-designed many important system and rules. As the changes made, the administrative and relative criminal rule(s) based on new company will be altered accordingly. However, as to criminal law, Criminal Law Amendments VI has not been changed as expected except the addition of crime of infringing listed company against good faith. This Article believes the legislation of criminal law grievously lags behind the development of situation. The amendment of Capital System in Company Law, which changes legal capital registration into authorized capital registration, will surely make significant impact on criminal system.This Article composes introduction, body comments and conclusion.Chapter I researches on the background of criminal legislation on Crime of Misstating the Registered Capital. Re-thinking the process of legislation and studying the legislation purpose, the Article believes the provision of the crime above is in accordance with comment principle of criminal law.Chapter II researches the constitution of this crime against the background of Crime of Misstating the Registered Capital.The legislative concept of amended Company Law will significantly impact the subjects of this crime. Because the subjects thereof shall be company interests and safety of the trade instead of the system of registration. The amended Company Law will significantly impact the objects of this crime too.The impact of amended Company Law is also embodied in subjective aspect, for example, the emergence of terms, such as received capital, period of delivering the capital and so on, the relations among register scope, register category and registered capital. The new emerged issues shall be saluted in legislation.Chapter III gives advice on the crime of misstating the registered capital. The Article believe there is no clear bound between crime of misstating the registered capital and defrauding corporate registration, which shall be regulated together. Therefore, there will be certainly some change in name of crime and constitution thereof. According to the legislation in other countries, the legislation shall be of some regulation in advance.