Study On Reform About Corporate Capital System

Company Law is the basis of a company's capital system.The contents of the socio-economic fields of a country plays a vital role in economic development. Company Law in China in 1993 and a series of coordinated rules establish a strict statutory capital system.Its core idea is to protect trade order and prevent wrongdoing concept and the dominant ideas tend creditor protection. But the system of a serious obstacle the form of capital, the company's business and economic development. It does not conform to the trends of world capital. October 27, 2005, after a prolonged demonstration ,the new Company law was promulgated and reforms China's capitalist system .However, why does the capital system want to be reformed?What are the reason of reform of each concrete system ? What is the new conception value in new company law?If these reforms will bring a far-reaching impact on China's economic performance? New company law still have which can be discussed? To answer these questions, the thesis uses empirical analysis and comparative analysis to study the theoretical basis of the company's capital. From here, the text is divided into five parts totally.Part I: From two to explain the basic conception: firstly, to describe the concept of the company's capital, Secondly, this group describes its the reasons of legislative form the conflict : (1) Give priority to the creditors and shareholders of investment returns (2) The opportunistic of shareholder and he risk of of creditors.Part II : Expounded on the idea of the two capitalist system and legislative characteristics through a comparative analysis revealed two different systems : (1)Different values : Statutory capital system focuses on the value of security,the tendency for the protection of the interests of creditors and transaction security and neglect of the interests of the shareholders and the company's capital operations. Authorized capital system is more focused on the efficiency of the value system, attempting to authorize capital investments lenient rules and the shareholders of a reasonable mechanism, and promote the efficiency of capital formation. (2) Location is different: Civil different from the statutory capital system is defined capital formation stage and the company's authorized capital system is more focused on capital formation, changes of capital in the company business, the company distributed.(3)Different effects on the socio-economic development : In the system of statutory capital, its rigid rules and strict control is not in line with reality, the company hindered the operation and efficiency of capital formation. Authorized capital enabling the system to adopt more rules, and it believes the market, and enhance the efficiency of capital formation and enhance the social and economic vitality.Part III : In this thesis, to discuss the inevitability and necessity the basis of credit system shifted from the capital to the assets. And it aslo study the Capital of the major countries in the world systemPart IV : Analysis of changes in the company's capital system in new company law Part V: The part discusses the choice of capital system, investments to improve the system, to issue discount, matching the sound system and will also make some preliminary recommendations.