Analyze A Number Of Legal Issues On "The Case Of Sun Fengjuan Et Cetera Falsely Declaring The Registered Capital And Withdrawing The Capital"

The behavior of falsely declaring the registered capital, faking and withdrawing capital was very harmful to our country's system of controlling company and the rights and interests of the social public specially the creditors, and destroyed the market economy orders. This article carries on the thorough discussion to the related legal matters with analyzing the classical case of Sun Fengjuan et cetera falsely declaring the registered capital and withdrawing the capital, basing on the theories of the Criminal Law and the Company Law, hoping to provide the reference on judicial cognizance on the crime of falsely declaring the registered capital and crime of faking and withdrawing capital, and give some proposals for the related laws and regulations' consummation.This article is divided into three parts to dissertate:The first part mainly introduced the details of "the case of Sun Fengjuan et cetera falsely declaring the registered capital and withdrawing the capital", simultaneously the author creatively utilized simple graphical representation to reorganize to the case's fact part, dividing into four fact parts, making the upholstery for further analysis as follows.The second part is the focal points of the article, the author summarized several debatable points as well as other related issues, according to the case's fact and the viewpoint of the accusing and the defending party. It mainly includes four aspects: First, how to judge the property of Anger Investment company and Sun Fengjuan's behavior? Second, how to judge the property of the behavior of Tengfu Company falsely declaring the registered capital and how to demarcate the obligation? Third, how to definite the crime of falsely declaring the registered capital and crime of faking and withdrawing capital? Fourth, the other five related problems: two crime's assertions of crime number states, complicity, "First reality and then empty", "Financing the certification of registered capital", the Intermediary organization and jobholders' responsibility. Attempt to propose author's opinion for case's processing through analyzing the debatable points and the other related problems, to solve difficult problems of the theory and the practice that easily encountering.The third part mainly perspective the problems in our current laws and regulations of the crime of falsely declaring the registered capital and crime of faking and withdrawing capital and provide proposal for its consummation under the analysis of this case.