The Legal Research On The Competency And Risk Control Of The Creditor's Rights Investment

The original Company Law (1993) was with strict controls on the way of shareholder investment, and does not permit investment with creditors' rights. But strict limits on shareholder investment can not achieve the purpose of ensuring transaction security as well as the creditors' benefit. Newly released Company Law (2005) has revised the content about way of shareholder investment. It only sets the crucial requirements that "the non-currency assets could be estimated by currency and legally transferred", and extent the requirements on the mode of investment, so leaves the room for creditor's rights investment. However, more specific stipulations on Creditor's rights investment are great in need, which will ensure the full play of Creditor's rights investment but guard against its disadvantages.At present, the majority of the scholars in our country just discussed Whether permits the creditor's rights investment or not rather than its disadvantages and risk control. This paper first introduces the concept, classification and academic basis of the creditor's rights investment, and the fundamental research, the legislation and the practice situation in our country, then discusses its competency, finally points out its weakness and risk accompanied. Then proposes some suggestions about its legal system design.