A Study On The Problem Of "deposit" And "waste" Of Capital Crimes

China’s "criminal law" in 1997 which was based on the company law in 1993, stipulates the falsely declaring the registered capital crime, false investment crime, and drawing-back investment crime. Since the first modification of company law in 2005, there appeared a fierce debate about "deposit" and "waste" of these three crimes in the academic community. And in 2014, the reform of the corporate capital system pushes the debate to the climax.Through the analysis and the discussion about the necessity and possibility of these three crimes, this article argues that legislators should regard this reform as an opportunity to abolish these three crimes. This paper is divided into three chapters to support this view.The first chapter is to introduce the formation and development of the corporate capital system and capital crimes in our country. Firstly, the article introduces the concept of the corporate capital system, the every changes of our nation’s corporate capital system and some concepts that are connected to the two modifications of company law and capital crimes, such as the company’s capital and Shareholders’ capital contribution, the registered capital and paid-in capital, shareholders and business executives. Secondly, the article introduces the evolution of the capital crimes, their established conditions and the influences that are brought by the two modification of company law. This chapter is to put forward that capital crimes should transfer its center of gravity along with the reform of the corporate capital system.The second chapter demonstrates the necessity of the abolition of the capital crimes. Through the criticism of correction theories and retention theories and analysis of conflictions with characteristics of independence and austerity of the criminal law, the article demonstrates the view. According to the paper, modification of the drawing-back investment crime will make it the same with job occupation crime, at the same time, it can’t solve the inherent disadvantage of the crime which is related to the "amount", and it may also help the offenders refrain from the heavier penalty. Fraud behavior of increasing capital does not have the social harmfulness which is demanded by crime, and is lack of the judicial application space. If add this behavior to criminal law, it will be a waste of judicial resources. The view of keeping capital crimes ignores the particularity of 27 sectors. And the view of keeping the falsely declaring the registered capital crime and false investment crime actually confuses the concept of registered capital with paid-in capital, overestimate the effect of penalty, and ignore the decline of behaviors’ social harmfulness which is caused by the environmental changes. Because of the changes of social environment, capital crimes get the detraction from their own social harmfulness, and there will be a confliction between the crimes and the independence of criminal law. As the improvement of the department law, the existence of capital crimes will go against with the austerity of criminal law.The third chapter demonstrates the possibility of the abolition of the capital crimes. Through the analysis of capital crimes’ current situation and putting forward the preventive measures, the article demonstrates the realistic possibility of the abolition. According to the current situation, capital crimes can be evaded, and provide the favorable conditions for the local investigation organ to enforce the law selectively. Although the department laws are gradually improved, there is still a distance to the perfection. Capital crimes should be abolished, and the government could improve supervision system and legal protection to cover the blank of regulation.