On Law Problems Of Credito's Rights Investment

In the frame of company legal system, the investment of creditor's rights is not merely a regulating design in legal sense, it is inseperable from the function of the "capital" in economic sense. But, specifically for the same statutory rules, what jurist focuses is safety and order, while economists think efficiency and profit are more important.Value-Adding is the most fundamental purpose and nature of the company capital. If the creditor's rights that represent large fortune are refused to regard as a form of company capital, company capital will be unavoidably short of efficiency and the vigour, and will obviously restricted the development of company and our country's economical and social advancement, under market economy condition.in fact, in civil law, autonomy of will of the parties is always a cardinal principle , and can also be regarded as a basic principle of civil law, though for the reason of safety and stability for society, certain restricting has been accepted in the modern times, especially in debt law, the debts are formed and disposed according to the wills of the parties. as far as this one point is concerned, Restricting the investment of creditor's rights is indeed agaist principle of the autonomy of will of the parties. Nowadays , it is common for a country to loosen restricting of the investment of creditor's rights in the world. China's current legal legislation, to a certain extent, has amended the original law provided for the company's investment system, And has made the dual company investment system that consist of domestic and foreign capital into one uniform.At present, company law of our country still adopts the statutory capital system. but, as a form of investment, especially for creditor's rights investment, contrast to capital system, it still has a certain degree of independence, and that make the debt rights investment feasible. In our country, creditor's rights investment should be based on the principle of "safe, fair and effective", requiring necessary restrictions on the substance and the procedures of investment,More attention should be paid to the distinction between the company's debt investment and debt investment for a third party, they should have different demands on substance and procedures, in order to guard against risks, safegard the interests of justice, give full play to the function of capital that pursuit efficiency and effectiveness, and offer better services for China's socialist market economic construction.