A Study On The Legal System Of Reducing Capital Of Corporation

Now, in the economic life, there is a dispute because of reducing capital of corporation, its main reason lies in the fact that the related law system is not perfect inside our country's "company law". The writer thinks, it is necessity to study the rules about reducing capital in many countries, particularly about protecting the related benefits in shareholders with creditors, so as to perfect our country's "company law" .From the basic concept about reducing the capital, in this text ,the writer consults international community provision concerning reducing capital , hope to draw lessons from it. Considering our country's "company law" , in this problem, it does not lack the related provision, however, exists at least two problems: firstly, the procedure is too tedious, a company demanded starting creditor protection procedure when reducing capital is necessary whatever reasons, causing reducing capital not easy, funds can't circulate fatly; secondly, there is none in related rules , about the reason and method of reducing capital particularly, we seek the full text of "company law", and also no one word.The company's capital decreasing, would on the unequal degree affect the benefits of each related corpus, therefore, the process of reducing capital of company , on a certain degree, would be a process of selecting in each related corpus's benefits of corporation and a equilibrium process, how to enhance protection about benefits of shareholders with creditors, particularly is that our country's "company law" adding concern.This text analyzed systematically the procedure of reducing capital of company , and emphasize to give the consideration to protect benefits of shareholders and creditors. As for shareholder's benefits, the writer, after analyzing the equal principle in treatment in shareholders in many countries, revises our country's "company law" in order to make up our country's "company law" under the current frame, it is a good medicine! As for protecting creditor's benefits, the writer thinks, can in noway over- emphasize it, but establish our country's claim power system about reducing capital, to perfect the process of reducing capital after consulting the cunent related rules in German and Japanese .