Study On The Problem Of Protecting The Creditor's Benefits In China

The problem of protecting the creditor's benefits has been concerned by the companies which are in many different countries all the time, It is not only connected to the creditor's benefits of company, but also connected to the security of trade, trade order and the problem of market credit.Legislation is connected closely to the public will, benefits and happiness, governing country and uphold the society order. It is must sound and complete the modern enterprise system before sounding the system of socialism marketing economy.As a core of the modern enterprise system, the protecting system of the creditor's benefits has an important function is that it could balance the company, partners and the creditor's benefit of company effectively. Whether the designing of the company creditor's benefits system is mature or not, it's connect to the protecting effect of company creditor's benefits directly.It begins from the claim theory's new developments, the system of company creditor's benefits of China's Company Law should be sound gradually on the base of contrasting and learning from the law of company creditor's benefits of suchlike Japan, Taiwan, Germany and others countries and areas which marketing economy are more developed , from the positive and active angle, adopting the ways of combining formation with legislation, learning with traditions, connecting China's virtual condition of politics, economy, culture ,history and the law, sounding the law system of protecting the company creditor's benefits gradually.Turning the pure protection of creditor to the protection of the benefit-relater's interest,sounding the system of modern enterprise further, confirming the effect of opening, making the aim that the economic flourish come true.It is not only the aim of the law-man figure in the author, but also in order that adapting to the situation which China join in the WTO asked. This article begins from the problem which at present, the creditor's benefits of company in China , adopting comparative analysis ways, learning the law on protecting company creditor's benefits of Japan, Taiwan, Germany and others countries and areas. It analyzes the root the weakness of the system of protecting company creditor's benefits from history, politics and law, brings forward that perfect the system of creditor's benefit.Pointing the bad social credit system which due to the weakness of the protecting of creditor's benefits, the author believes that, in China's law ,it is should be cleared that the creditor would join in the running of company at the given condition, making the rights ,obligation .duty clear between partner .company and creditor by asset law relation, representing the country to provide law protection to the partner's and creditor's rights and benefits, mobilizing the body's activity to join in marketing economy sufficiently, protecting China's system of socialism marketing economy develops healthy, orderly , and establishing China's marketing credit system further.China adopted the planned economy system for a long time, therefore , modifying the old regulations which couldn't adapt to the development of marketing economy in time, and fixing the correct law ways which solve the new appearance by the form of law and regulations. It's very important to establish the system of socialism marketing economy and to meet the challenge of the WTO's regulations. So, the author begins from jurisprudence and Company Law emphasizing how to protect the creditor's benefits, otherwise, adopting the sociology analysis ways to prove how to enforce the law system which protect the creditor's benefits, and emphasizing the duty system which to the company's partners and the directors.