Research On The Protection For The Creditor's Interests Based On Capital System

With the revision of the Company Law in 2005,the company capital system in China has undergone the profound evolution from legal capital system into eclectic capital system.And the company capital system has closely linked with the creditor's interests,this thesis based on the systematic framework of the new company law,tries to investigate the relationship between the company capital system and the protection system of the creditor's interests,tries to serch for the improvement measures .The structure of the thesis is as follows:The first part introduce an overview for the study of the creditor's interests, including two aspects: the background and significance of the study; the study status of the home and abroad. The second part introduce an overview for the relevant theory,including:the contract theory, the corporate ownership theory, the stakeholder theory and the principle-agent theory.The third part based on the evolution of the legal capital system from the electic capital system,based on the relationship of the capital system and the protection system of the creditor's interests,made dialectical analysis for the protection of the creditor's interests under two kinds of capital system,come to conclusion : Under the electic capital system,we should look for support to the company capital system and law system for the adequate protection for the creditor's interests.The fourth part investigated the achievements of the protection for the creditor's interests from two aspects:the investment form.the dividend distribution.The company capital has been exposed the powerless for the protection for the creditor's interests,we should search for help from the credit mechanism,the security mechanism,the insurance mechanism,the contractual mechanism and the subsequent judical activism.,to enhance the awareness for the self protection of the creditors has become the first need.The fifth part introduce a few deficiencies of the protection mechanism firstly,including the deficiencies of the company limited liability, the corporate negative system,the investment system and the verdification system Then raised some improvement measures,should effectively protect the creditor's interests through the company capital information disclosure system,the launching of the adequacy responsibility for the capital shareholder and the improvement of the company director responsibility..