Study On The Protection Of Creditor's Interests Based On Defective Corporation

Defective Incorporation is an unconventional state between the company legally established and failed to form. It shows that, although it does not fully comply with substantive or procedural conditions about company establishment, the company still acquired the business license of legal entity through registration. There are also many defects or imperfections on the effect and the judicial interpretation of the Supreme Court about company law, the attitude of legislation will directly affect the problem about protection on creditor's interests.This paper attempts to use different research methods to analyze the protection of creditor's interests based on defective corporation. It is divided into four chapters:The first chapter mainly refers to some basic theories about defective company. It introduces the conception and characters about defective company, summarizes the different types of defective company, and compares the difference between common law country and civil law country on defective company.The second chapter explains the necessity to protect creditor's interests under defective corporation. For one thing, the author analyzes the necessity to protect creditor's interests through two aspects: the company's essence and the company law's value orientation. Then the author lists the serious effect on creditor's interests under defective company. The company's information will become doubtful, the creditor's interests are left hanging in the balance, and the cost for judging trustworthiness will advance greatly.The third chapter introduces the status of legislation and points out the problems of protection of creditor's interests under defective corporation. The author firstly summarizes the attitude on the effect and the discussion paper, then comments on them separately, and points out the defects or imperfections in four aspects.The last chapter, based on above-mentioned, the author gives some suggestions on how to improve legislation on protection of creditor's interests under defective corporation. The contents include two parts: one is to set up principle to make sure the defective corporation effective, another is to optimize the system of civil responsibility.I hope that this paper will be benefit to improve legislation on protection of creditor's interests under defective corporation.