Legal Study On The Credit Right Investment Of The Shareholders

With the development of the market economy, the Property value of the credit right becomes more and more important. The problem weather the credit right can be as a kind of investment form has already become a little bitter hot topic of local and foreign academic scholars. Allowing the credit right investment can not only make good use of the social resource, but also has an important meaning to the economy development. But because of the credit right's inherent characteristics,credit right investment also exist disadvantages. In fact, credit investment can be treated as a kind of the transfer of credit. It is an important topic of credit investment to protect the right of the assignee to obtain the credit effectively, and maintain the safe status. The dissertation is divided into five partsThe first part made the definition of credit investment and described its characteristics, claiming that the credit investment means the change of two rights. Then I discussed the significance of credit investment in the modern society,that is the promotion of the maximization of social wealth, the reflection of the rich subject of investment and the development of company capital system.The second part analyzed the relevant legislation practice domestically, and discussed the relevant legislative and judicial attitude towards the credit right investment. Then, I pointed out that the credit right is principally acceptable for capital investment according to our country's new company law but the realization of it still has many problems.The third part mainly examines the overseas legislative practice of credit investment, citing the relevant legislation of the world's the major countries, which belongs to common law or civil law countries. I compared the two kinds of countries, which take the different attitude to credit investment, one is lenient and the other is strict. Judging from the overseas legislative practice concerning the credit right investment,with the social and economic development, the limit of the shareholder's investment should be released and the credit right investment should be allowed to make full use of the social wealth ,witch has become one of the tendency of the modem company law.The fourth part stated objective disadvantages of credit investment. They are insecurity, arbitrariness, the hidden nature of the existing, and so on. To overcome the disadvantages of the credit right, I gave some suggestion to establish and improve credit right investment in China, including the regulation of the scope and types of the credit right, restriction of the proportion of the credit right investment and the procedure of the credit right investment.Finally,I elaborates series of the mechanism of safety guarantee related to using the credit right as the capital contribution, in order to keep away with the risk and fulfill the capital contribution with credit right.We would rather say that using the credit right as one of the capital contributions way will promote a company's competition ability, enhance the reputation of the capital, and do good to the creditors than say that will weaken the protection of the creditors. The writer hopes this dissertation may be useful to improve the legal system of using the credit right as one of the capital contribution way, and this is exactly the realistic sense of this dissertation.