Corporate Creditor's Protection In Corporate Governance

Corporate creditor's protection is an important problem in modern companies act.The theory about stakeholders has been the corn in the economics and law field,which play an important role in the management of the corporation. The root toprotect corporate creditors is to maintain and increase the whole corporate assets.Protecting corporate creditors in corporate governance is a corporate creditor'sprotection system from new view, which can provide protection beforehand and breakthrough the shareholder's limited liability when necessary. The thesis uses severalresearch methods to dissertate, such as contrast and interests judgment. Withintroducing economic theories into it,this thesis has a more wide view beyond lawscience.Different types of creditors have different status in corporate governance. Weshould take different methods to protect contract creditor and tort creditor. Whatevermethod we take, we should protect the corporate creditors appropriately.This thesis includes three parts: preface, text and conclusion.Preface is about the value of protecting corporate creditors in corporategovernance, including theoretical value and practical value.Text has four parts, which includes the definition of corporate creditor and thecorporate governance;the protection for contract creditor and tort creditor. Forprotecting the contract creditor, directors should bear fiduciary obligation tocorporation;controlling shareholders should also bear fiduciary obligation to creditorwhen transfer the controlling shares;and it is necessary and possible for the creditorswho have the capacity to participate in the corporate governance. For protecting thetort creditor, directors should bear the joint liability of tort with the company per se tothe tort creditors;shareholders should bear the proportional liability with thebreakthrough of the limited liability system.Conclusion is a summary of the foregoing dissertation, which point out theconclusion of this thesis.Base upon the above-mentioned measures, corporate creditors can be wellprotected from the point of corporate governance.