Research On The Reform Of China's Corporation Capital System

Corporation capital system is an important system in Company Law. The capital system of the company is a cornerstone on which the company legislates, and it is also the core system on which the company establishes, survivals and develops. Whether the system of the company capital designed well or not can decides the law of corporation good and reasonable or not in a certain degree. So, researching corporation capital system plays a key role in the native trading. This thesis mainly discussed the corporation capital system.On October 27th, 2005,the tenth session of Standing Committee of the National People's Congress 18th conferences has revised"the Company Law of People's Republic of China"(Company Law),the revision of the Company Law has carried on a large scale transformation to the capital system of the company. This thesis introduces our country's necessary trading conditions. To transform formation in our law of the capital of the company system and the capital maintenance rule as the basic clue, and discuss why elaborating the original corporation capital system, after transforming the corporation capital system it will conform to our country's business stability, and set up a harmonious environment, whether it needs to do further transformation and how to transform and so on.The thesis is constructed by four parts. The first part is the recalling of the nature. The second part has introduced a concise theory of the corporation capital system, mainly about the capital and several concepts about the capital, the basic meaning of the corporation capital system and the legal significance, also about three basic models of the corporation capital system and their main characters. The third part made a research and assessment from the original Company Law to the existing Company Law in the rules of capital formation and maintenance by mainly using comparative studies. And it highlighted several deficiencies of the China's existing company's capital. The forth part is the key point of this article. This part has made some legislation ideas and legislation suggestions about the limited liability company return to buy the stocks processing.