The Discussion About Our Country’ Scriminal Protection For The Company Capital System

Modern enterprise system is the most important system of the commercial law system, and the company legal system is the core of modern enterprise system. The system about company operation and management is the focus of many countries’company law, of which the company capital system is the main attention.Crime about the company capital system is involved subject cross and has the epochal character, complexity and variability etc. The criminal law protection research about the company capital system at present is not comprehensive and thorough at home and abroad, and the research situation at present is not satisfactory as well. As to our country, research about this is also few either in the criminal law field or in the company law field. In2005, Company Law was revised, Criminal Law was also revised in this period. In the new developing social conditions, there are new requirements for both criminal protection against the company capital crime and better theoretical foundation of research as well as practice about this problem. From the above Angle, this article will discuss the criminal protection of company capital system in our country as follows:The first part is an overview of our country’s criminal protection about company capital system and its problems, which is mainly divided into three fragments. First is the evolution of our country’s company legislation and the review of company capital system. Second is our country’s criminal legislation on the protection of the company capital system, including legislation in the Criminal Law and a summary of the existed relevant criminal protection. Third is the analysis about the problems of our country’s criminal protection about company capital system, which covering three angles---charges set, decision criteria and punishment configuration.The second part is the deep thinking to the problems in our country’s company capital system of criminal protection. This part mainly analyzes the inside reason of present problems in the company capital’s criminal protect system in our country and take the example by the foreign policy and legislation concerning the company capital system’s criminal protection, All the above can help to improve our corporate capital system’s criminal legislation and lay a better theoretical basis.The last part are some ideas about improving our country’s criminal legislation on company capital system protection, which mainly consist of the mode of criminal law legislation, the setting of the charges, the determination of standard and the perfection of laws and regulations in related economic law field.