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Comments: Gu Chujun private investment is the scapegoat? - Gu Chujun, Kelon refrigerator - applianc by qrt etget





Article Author Biography
Comments: Gu Chujun private investment is the scapegoat? - Gu Chujun, Kelon refrigerator - applianc by
Article Posted: 03/03/2011
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Articles Written: 2163
Word Count: 795
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Comments: Gu Chujun private investment is the scapegoat? - Gu Chujun, Kelon refrigerator - applianc


 
Business,Business News,Business Opportunities
This entrepreneur tragedy, both his personal as well as institutional arrangements

Simmering Gu Chujun case finally Intermediate People's Court in Guangdong Foshan City, the first courtroom trial, the Gu Chujun suspect the allegations with the media, the spread of the river north and south. According to the indictment of the content, Gu Chujun suspected of false registered capital, providing false accounting reports, misappropriated company funds and other criminal activities and duties of occupation.

In the various allegations of criminal Gu Chujun, the falsification of the registered capital of the maximum penalty to a prison term of five years; providing false accounting reports to a prison term the maximum prison sentence of three years; misappropriation of company funds a maximum imprisonment penalty for the Decade; occupation of the highest property company Sentencing is five years imprisonment. If all found guilty, according to the principle of graft, Gu Chujun will be sentenced to more than ten years in prison. Even if sentenced to five years imprisonment, banned for life for a qualified entrepreneurs to enter the securities market, no doubt have completely lost the flash turn maneuvers economic space.

Gu Chujun story is the story of China's reform. It is government-led reforms, gave birth to the authorized capital of China's strict system of company law and unreasonable to many pioneering investors sink like a stone. Why do not we learn from the West and effective system of authorized capital or compromise the capital system? Why the one hand, enterprise registration organs carry out the provisions of the form of the review, stressed the international standard; the other hand, strict crime of false registered capital and hold investors criminally liable? Gu Chujun course, the registered capital should be held responsible for the false report, but knowing the company registration authority verification report problems, to approve the registration, its behavior compared with the investors, which do more harm to society?

Indeed, in order to attract investors with financial statements, adjustments of accounts of listed companies, or creating false sales, to deceive the public, shall bear criminal responsibility. However, those cross-agency law if you happen to fulfill their statutory responsibility of the? When policy-makers attempted to introduce the internationally renowned accounting firm auditing business in China's listed companies when it thought that these accounting firms will be fraud, shirk their responsibilities? When the majority of stockholders have adopted misappropriated and diverted the funds of listed companies the way, the pursuit of the interests of maximizing the time that the securities regulatory authorities to fulfill their regulatory responsibilities? When the local government for investment, the expense of violating state laws, introduced various preferential measures, whether the higher authorities and the judiciary to fulfill their oversight functions, timely investigation and the criminal acts of the organs?

Gu Chujun tragedy is that, when false registered capital of a universal behavior when he registered with the company worsened the relationship between government departments, the judiciary held a private investor, "original sin" of the scapegoat. When the company financial operations in times of crisis, not appointed a neutral, authoritative accounting firm, in a timely manner to strengthen financial management, but hopes multinational accounting firms to help weather the storm. However, in a qualified audit reports, will fall into embattled Gu Chujun already pushed to the cliff of the law. When the majority of stockholders have misappropriated or embezzled funds of listed companies, when the wind turned to Mr. Gu Chujun not, recognized by the securities regulatory authorities claim means a transfer of shares, withdraw its role.

On Gu Chujun cases of suspected criminal analysis, we can draw many conclusions. From the system level, our laws have not yet meet the needs of the development of market economy, there is no real implementation in the economic sphere the principle of freedom of contract, not between government and the relationship between market players, excessive government intervention, the phenomenon still widespread. From the system's internal structure, due to lack of trust in the Market, an increase of unnecessary transaction costs, improved market access threshold, for the administrative organs and their staff the discretion to provide an inappropriate space. From the value point of view, China has not really into the state of the rule of law, the legal system, heterogeneous, messy, and selective law enforcement, judicial activities, has seriously undermined the dignity of our legal system, faced with more and more criminal behavior, accountability the criminal responsibility of a small number of investors, can get a sense of denial of justice.

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