Research On The Interest Protection Of Company's Credictor Under The Company Captal System Relaxed

The company capital system is the core of company law, is establishes according to the company personality theory and the shareholder limited liability system, it is pursues the benefit in the foundation of the balance between shareholder and creditor. Among them, the interest protection of company's creditor is one of important contents which the company legislates, it has the practical significance to the development of the socialist market economy. In our new company law, the company capital system's value orientation and the pattern all has been changed, The value orientation by in the safeguard transaction security, protects the creditor's interest change for encourage the investment, the enhancement company manages the flexibility, the vigor and the competitive ability as it's possible, The pattern changes by the legal capital system for the compromised capital system, The company capital system presents the relaxing tendency. Therefore, the company capital system has had the change to the shareholder and the creditor benefit balance pivot, Between the shareholder and creditor's benefit balance inclines to the shareholder. Has not had the effective improvement in our country society good faith condition, under concerned creditor benefit protection necessary system not perfect situation.How strengthens the creditor benefit the protection, Achieved the fair this legal value goal to cause people's intense argument. The article utilization comparison method, the model correlation scholar's viewpoint, elaborated the different company capital system to the creditor benefit protective function. The research goal lies in through analyzes the creditor benefit protection the significance, elaborated the company capital system and its relaxes to the creditor benefit protection influence as well as the consummation creditor benefit protective measures, explained the company capital system which during the enhancement financing function, the promotion enterprise development and the company prospers, must practically strengthen to the creditor benefit protection.The first part is about the company capital system elementary theory and its with the creditor benefit protection relations. Points out the company capital, the capital system in thecompany law system important status and its the type and the characteristic, key analysis company capital system to creditor benefit protection function, evaluation legal capital system to creditor benefit effect.The second part elaborated the company capital system relaxes and its to the creditor benefit protection influence. Pointed out the capital system relaxes the reason and the concrete manifestation, the elaboration compromised capital system to the creditor benefit protection present situation and the insufficiency, for consummates the creditor benefit protection system to lay the foundation.The third part of explanation consummates the creditor benefit protection system the reason, and profits from other national the beneficial legal system, unifies our country creditor benefit protection system existence the flaw, through company capital system and other necessary system common skeleton creditor benefits protection systems.