Under the"subscription system"mode of the registered capital,the funds remitted into the company by shareholders before the expiry of the contribution period are not necessarily"investment funds"and the nature of the funds cannot be inferred from the fact that the funds are finally used for the operation of the company.Prudential determinations shall be made in consideration of objective evidence reflecting the actual payment of capital by shareholders such as the company's accounting books and the capital contribution certificates of shareholders.For the handling of a case involving both criminal law and civil law,under the circumstance that the legality of the same fact has already been made in the civil judgment,the intervention of criminal law shall be restrained and the legal effect of preliminary judgment shall be fully respected.We should strictly prevent the settlement of civil disputes by criminal means,unless the evidence in the criminal case reaches the level that"the evidence is sufficient and beyond reasonable doubt".In practice,if the shareholder falsely converts its investment amount into a loan and claims to recover the relevant amount by initiating a loan litigation,this amounts to civil fraud committed to make up or reduce investment losses at most,but does not incorporate the"purpose of illegal possession"as required by the crime of fraud.In this case,there is a fundamental civil dispute between the shareholder and the company,and the act of falsely claiming that the investment money is a loan does not belong to the litigation act type of"creating something out of nothing"regulated by the crime of false litigation,so it shall be convicted and punished on the basis of other crimes in consideration of the means or act.
关键词
刑民交叉/民事欺诈/刑事诈骗/非法占有目的/虚假诉讼罪
Key words
involvement of both criminal and civil elements/civil fraud/criminal fraud/purpose of illegal possession/the crime of false litigation
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