Research On The Reform Trend Of Regulation In Company Capital

This dissertation regards the reform of capital system in the revision draft of company law in China as the introduction, company capital system reforms of various countries as the targets of investigating, and the inherent reasons chosen with the system is inquired after for the thread. It puts emphasis on these issues such as the necessity of company capital regulation, the urgency of the reform and the proper question of implementation. This text bases on the international background of relaxing unnecessary control, combine some countries' reform trend, analyze the inherent reasons and common understanding that various countries reach, and examine the reality that the legal control of company capital in China is overly strict. Finally it points out: our country should give relaxing to company capital properly. We must not loosen it only, but strengthen regulation of dynamic capital. We should strengthen the establishment of supplementary measures inside or outside the capital system to realize the balance of the interests such as strengthening capital information to disclose, paying attention to the control of company's property obtained by the shareholders, aggravating director's responsibility, putting the principle " personality is denied " into use rationally.The subject part of the full dissertation includes the foreword, text and epilogue. The text is divided into four chapters-basic theories of legal regulation of company capital, general investigations of the reforms in capital system in various countries, whether we should relax the overly strict control of company capital properly, and the concrete idea of relaxing control in our company capital system.The first chapter gives an introduction and discussion about basic theoretical questions of capital regulation such as the concept, reasons, function and essence, etc.The second chapter carries on general investigation to company's capitalregulation of various countries. It regards recommending the international legislative trend of reforms in capital regulation as the starting point, summarizes the convergent place in them, announces the change of the idea "from controlling to regulation", and seeks the inherent reasons thoroughly.The third chapter discusses whether our country should relax the overly strict capital control properly. It describes the reasons of too much control in capital system in China as a beginning, describes actual operation result of the system, analyzes in depth of the reasons that our country's capital control fails, and then draws the conclusion that our country should relax company capital control further.The fourth chapter is about putting forward the concrete idea that how we should give a proper relaxing to capital control. It starts with the appraisal of the revision draft of company law of our country, seeks the appropriate mode selection of capital system, explains the precondition of relaxing capital control, and emphasizes our country should strengthen construction of relevant supplementary measures in order to ensure the effect of relaxing control.