A Study On Corporation Creditors' Interests Protection

Corporation creditors' interests protection is an important study subject in the Corporation Law. It is not only related to the efficiency of corporations but also involved with the security of market transactions. Attention to the creditors' interests protection has positive significance for the improvement of Chinese corporation system and socialist market economy.From the perspective of the corporation creditors, this paper discusses the legal protection of the corporation creditors' interests based on the principle of corporate participants interests balance. It presents the issues that the definition of corporation creditors, the development of corporation creditors' protection system, the necessity and significance of the protection of corporation creditors, the influence of shareholder limited liability system to corporation creditors'interests, the theory of corporate participants interests balance, and the system of exceptional application shareholder limited liability and director's obligations to the creditor, comes to discuss the system of corporation creditors' interests protection which is suitable for our country's actual situation, and expects to provide more effective protection for corporation creditors.This paper generally includes four parts.Chapter one presents the general profile of corporation creditors' interests protection system and makes clearly that the protection of corporation creditors' interests is one of the legislative goals of Corporation Law; Chapter two illustrates the principle of corporate participants' interests balance, and draws that the protection of corporation creditors' interests should be based on the interests balance of corporate participants; Chapter three discusses the system of exceptional application of shareholder limited liability and suggests that our current Corporation Law should perfect the system of exceptional application of shareholder limited liability ;Chapter four explores directors' duties to creditors and the viewpoint that the directors assume fiduciary duties to creditors because of their special position. It suggests that our current Corporation Law should establish the regulations related to the directors' duties to corporation creditors and our country should promote the system of directors and officers liability insurance.