On The System Of Limited Liability And The Protection Of The Creditor Of Company

The thesis mainly analyze and study the limited job responsibility and the protect for the creditor. The writer finds that prompted by the interest, the shareholder of a company often use the limited job responsibility improperly. He makes it a tool to obtain the illegal interests, jeopardize the right of the other trader and escape the law responsibility. Even the directors of the company also get the illegal interests brought by the limited job responsibility, while the interest of the creditors can not be protected. Starting from the analysis of the advantages and disadvantages of the job responsibility, the thesis is discussing the case that the creditor's right is harmed when the limited job responsibility is misused. The writer puts forwards to protect the creditor by law, and tries to find the answer by make creations in the company's systems. The thesis is made up of the three parts: foreword, body and conclusion.In the foreword the thesis mainly illustrate that the appearance of the limited job responsibility brings about both the positive effects on the society and the menace to the normal economic order in modern society and the trust in transaction. It is suggested that we should take into consideration how to promote the development of the economy and give full play to the advantages of company system and at the same time to restrain its negative effects on the society. We should make a good relationship between the limited job responsibility and the protection for the creditor. From the point of the creditor, we must choose a comparatively powerful and practical act to apply to our county's situation rather than follow the only opinion blindly. In spite of the different reasons for anyone to become a creditor, the writer puts forwards his own opinion after microcosmic analysis to the characteristics of different types of directors and creditors. I try to offer a thinking way to dissolve the conflict between the limited job responsibility and the company creditor.It is illustrated by four chapters in the body.I. the General Illustration of the Limited Job ResponsibilityFirst, the definition and the theoretical basis of the limited job responsibility is elaborated. The limited responsibility of the company does not refer that the company takes the limited responsibility, but refers to the responsibility for the company's debts and losses taken by the company when the investors (shareholders) consider their capital as the highest amount. Besides, the company does not perform any other asset obligations and it takes the responsibility for its debts with all its assets. The features are: first, the company has the separated individual character as its investing individuals (shareholders). The character of the company refers to its qualification in law as a group, namely, its main part role in law. Once registered, the company has the individual qualification different from its shareholders and creditors. It acts in its own name. The company has the independent and exclusive right to the assets invested by the shareholders. The individual assets of the shareholders are separated from that of the company. The company should take all the responsibility for its debts and losses with its own assents rather than the shareholders take it. Second, the shareholders perform the obligation to offer capitals and they take the responsibility for the company according to their subscribing amounts. Because the individual assets of the shareholders are separated from that of the company, the debts of the company cannot be attributed to the shareholders directly; the function advantages of the limited responsibility are illustrated from three aspects. First, the limited job responsibility system becomes the best tool to collect capitals, that is, it can reduce, disperse and shift the investing risk of the investors; second, it can urge the shareholders to separate the ownership and management right; third, it promote the growth and development of the modern market economy. Next, the thesis illustrate the...