The Study Of Shareholder's Capital Contribution Under The Capital System Of The Company In China

Capital contribution is the most essential and important obligation of the shareholders. At the same time the undue performance of such obligation appears quite often in practice, out of which disputes arise between a company and its shareholders, between the shareholders themselves or between creditors and the company. The reason is that the current corporate capital system imposes on the shareholders a too strict obligation of capital contribution, whereas the provisions relating to the liability for breaching such obligation are over simplified, as a result the disposals of such kind of issues do vary in judicial practice, hence undermining the authority of law and adversely affecting the formation of the market credit.This article not only makes a theoretical analysis and study of the issue of capital contribution by shareholders, but also aims, from a pragmatic point of view, at the resolving of the practical issues mainly through judicature within the current law framework. Therefore, this article emphasizes on the pragmatism in studying method and studying attitude while using the method of mixing theory and practice together to probe into the issues.This article focuses on the following aspects: 1. Giving a brief introduction to the contents and the cause of formation of the capital system of China with an attempt to probe into the cause of legislation of the obligation of capital contribution by the shareholders; 2. Making a detailed description of the various kinds of breach of the obligation of capital contribution with an attempt to categorize the types of breachand to furnish reference for further analysis of their corresponding liabilities; 3. Having an anatomy of the various kinds of liabilities for breach of the obligation of capital contribution while expounding some issues relating to the liabilities; 4. Analyzing the formation of civil liabilities of capital contribution verification institutions; 5. Discussing the relationship between the breach of the obligation of capital contribution and the obtaining of the qualification of shareholders, together with the limitations on the rights of the shareholders.