Research On Protection Of Creditor's Rights In Company Division

Corporate Division is a market behavior, and one of the ways of corporate reconstruction. On basis of its various patterns and complicated contents ,esp. a significant influence on the Creditors, a detailed regulations is need to protect the Creditors' legal interests, which constitutes a comparatively independent part in the Company Law system,i.e.the Creditors protection in Corporate Division.In Corporate Division, the author believes that the main influence on Creditors lies in liability property, force of debt, debt Protection, the credit cost from creditor, the setup and performance cost of debt, etc., among which, the main points are liability property and force of debt. In order to ensure the security of the interest of Creditors, much attention should be paid to legal systems.Firstly, the author does some research on the general protection system on Creditors protection in civil law .He holds that the general protection system has a defect that can not adapt to new era's requirements, and he also believes from the perspective of merchant law and economical law that the protection system in corporate law is a heritage and development of the general protection system in civil law. Then, he analyzes, discusses and concludes.the protection system in corporate law of different countries and takes the concerned system in Japanese corporate law as an example.Furthermore, in order to improve the competitiveness of its corporations, every country is revising their Corporate law in large scales. As a response to this situation, the author holds a positive attitude towards Chinese company law revision, and agrees with the values of new Corporate law "freedom, self -control .efficiency". Meanwhile the author doesn't think such values conflict with the traditional values -"security";On the contrary, there is overlap on legal values between them, that is ,in the Corporate division system, we should pay attention to Protection of Creditors security, treat share holders and Creditors impartially, distribute the risk from Corporate Division equally.Then, after concrete, reasonable analysis on the creditors protection system of new company law, the author points out there are defectives interms of the values and the contents, which are not good for creditors protection, and may damage the creditors "legally". Therefore, we should perfect the creditors protection system under the guidance of such value: corporate law belonging to economic law ,so we should keep the balance between security and efficiency. He points out his own opinion and concrete suggestions for revision to perfect the related system. He also gives his own viewpoints and specific suggestions for revision of the related system on basis of above theory research.