Study On Creditor's Rights Investment

In modern society, the nature of creditor's rights is property right, which has complete economic value. Meanwhile, with the concept update of our country's capital system, allow the investment of creditor's rights has theoretical feasibility. However, because of the inherent defects of creditor's rights,allow investment of creditor's rights also exist big risk. How avoid the risk and play the advantage of creditor's rights investment has became a very important topic people pay attention to at present. This article starts from theoretical basis of creditor's rights investment, reference to foreign legislation experience, on this basis, design our country's law enforcement mechanism of creditor's rights investment. The article is mainly divided into three parts:The first part is theory analysis of creditor's rights investment. In the beginning, analyze the property nature of creditor's rights and the concept update of the capital system of the company, based on this, advances the necessity of creditor's rights capitalization. Next, Discuss the risk of creditor's rights investment and the issue of benefit balance between shareholders and creditor of the company.The second part is about the investigation of creditor's rights investment in comparison. Compare the legislation of creditor's rights investment between continential law system and common law system. Next, analyze the different rules between the old company law and the new one, point out the legislative insufficiency of our company law, lay the foundation for the system design of creditor's rights investment.The third part is about the system design of creditor's rights investment. Emphasize on the program design and entity guarantee mechanism, so,on one hand, we can bring into play the advantage of creditor's rights investment, on the other hand, avoid the risk that brought by creditor's rights investment effectively.