Company Capital System And The Protection Of Creditor's Interests

The company capital system, which is the core of modern corporate system, also consist an important aspect of the reform of China's Company Law. With the revision of the Company Law in 2005,the company capital system in China has undergone the profound evolution form legal capital system into eclectic capital system. Company capital system is closely linked with the creditor's interests,in the background of Company Law reform,the influence of systemic innovation on the Creditor's interests allows no negligence, and how to reasonably design and improve the protection system of the creditor's interests has become a task of top priority. Owing to this,this thesis, based on the systemic framework of the new Company Law ,tries to investigate the interactive relationship between the company capital system and the protection system of the creditor's interests, and proposes some legal countermeasures to enhance the protection of creditor's interests on the systemic level. The structure of the thesis is as follows:The first part introduces some relevant concepts and fundamental theories of the company capital system, which manly incorporates three aspects: the definition, legal features and functions of the capital, the historical development and legislation status quo of the company capital system in China.The second part firstly taking the legislative ideas of the legal capital system as its basis, rethinks the values of the legal capital system and its efficiency in creditor's interests protection, and comes to the conclusion: legal capital system takes security as its primary objective at the expense of efficiency;...