Reserch Of Relationship Between Capital Reality And Creditor's Rights Protection

A great deal of civil legal relationship exists in the economic life of the modern society, such as the relationship among companies, shareholder and debtee, involved in the system of the market credit and the market dealing order. It has absorbed great attention from all countries company law.An important point is to protect those company creditor's interests in a company law. Certainly, the protection system has been established through the whole process of a company existence in Chinese company law.Based on the Chinese company capital system, author is to analyze the capital trick and the capital maintenance related responsibilities on the stage of establishment of company and the stage of company operation, to research the limitation on the creditor's interests protection in current Chinese company capital system in order to establish a better system of a company creditor's interests in the whole process of a company existence.This text mainly is divided into six parts to discuss how to protect the company creditors interest. Lastly, author comes to a conclusion that we should establish a better protection system against strengthened the protection of damaging a company creditor's rights.â…  . Company capital system and capital reality principal.In this part, after analyzing the current Chinese capital system and its limitation, author is to point out the limitation on the creditor's interest protection, based on the research on the other counties' company capital system.â…¡ .Analyses of company capital tricks.It is a point to generalize the types of thecapital tricks by means of analyses of these tricks.III .The relationship between the establishment and the creditor's interests protection.The creditor's interest protection should be strengthened during the process of the establishment of company, especially the process of capital subscription.IV . Relationship between capital maintenance and creditor's interest protection.During the process of the company operation, the creditor's interest protection should be get more attention by maintenance of capital.V. General elements of the capital maintenance responsibilities.To protect company creditor's interest, law responsibilities should be undertaken for a man who has not fulfilled his obligations involved in capital subscription and capital evaluation.VI. Relationship between the company behavior supervision and creditor's interest protection. Government is to establish a better system of company behavior supervision, improve on his supervision means, set up a system of the company market credit, so as to protect the creditor's rights.