Administrative punishment of the company

Legal analysis: First of all, we need to evaluate the nature of the whole criminal act and the size of criminal responsibility. If the enterprise or its director Gao Jian is finally sentenced to bear criminal responsibility, not only will the operation of the capital market stagnate, but the enterprise may also be unable to operate normally.

Legal basis: Article 146 of the Company Law of People's Republic of China (PRC) shall not serve as a director, supervisor or senior manager of the company under any of the following circumstances: (1) No capacity for civil conduct or limited capacity for civil conduct; (2) Being sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy, and the execution period is less than five years, or being deprived of political rights for committing a crime, and the execution period is less than five years; (3) If the directors, factory directors and managers of a bankrupt company or enterprise are personally responsible for the bankruptcy of the company or enterprise, it has not been more than three years since the date of completion of the bankruptcy liquidation of the company or enterprise; (4) Being the legal representative of a company or enterprise whose business license has been revoked due to violation of law and ordered to close down, and having personal responsibility, it has not been more than three years since the date when the business license of the company or enterprise was revoked; (five) a large amount of debt owed by an individual has not been paid off at maturity. If the company elects, appoints directors, supervisors or employs senior management personnel in violation of the provisions of the preceding paragraph, the election, appointment or appointment shall be invalid. The company shall remove the directors, supervisors and senior managers from their posts under any of the circumstances listed in the first paragraph of this article during their term of office.