On The Legal Matter Of Creditor Participates In The Company Governing

Creditors as an important provider of capital has made important contributions to optimize the capital structure of the company creditors , and sometimes it is far more than the shareholders. However, the risk born by the creditors is even greater than the shareholders. The complexity of the modern market economy made the traditional system of creditors protection inadequate. At the same time, the theory of stakeholder understanding of the nature of the company than the traditional theory has been profound changes in the company, but companies such as internal control disease and corporate scandals led to the suspicion to the traditional system of corporate governance theory .The creditor's rights to company's function are significant, but the creditor protects obviously insufficient. Because of nonsymmetrical of the information, the company governs falls into a dilemma between the expert management and the insider control. The stakeholders theory anew elaborated company's nature. Through the new companygoverns the idea, the stakeholders theory supports that the creditor should participate inthe company governing.As an important stakeholders , whether creditors should participate in corporate governance, can take part in the government and how to participate in ,such issues as corporate governance is still lacking. The legal studies on stakeholders governance focused on the system of workers governance, fewer studies involved in the issue of creditors in corporate governance.To compensate for these shortcomings, this article is focusing on creditor protection and corporate governance to improve the two discussed the purpose of creditors in corporate governance theory and system building, expect to kill two birds with one. The main part of the five approaches to this issue: First of all stakeholders to discuss theory, to clarify the nature of the company shifted from the shareholders stakeholders Tools Community, a corresponding corporate governance from shareholders to stakeholders authoritarian republic; the second part of the claims in the modern company the important role and the current legal system's lack of protection of creditors that the creditors in corporate governance and its impact on the power of the significance of the protection of creditors; the third part of the discussion of the shortcomings of modern corporate governance, to clarify the participation of creditors in corporate governance to solve the disease of modern companies an important role; fourth part of study abroad, a number of creditors involved in the practice of corporate governance, the system of comparison of their respective causes, would like to have my drawing on the relevant system; the fifth part is the basis of the above-mentioned studies to explore the participation of creditors in corporate governance specific legal system building, look forward to the improvement of protection to creditors and improve corporate governance provide useful point of jurisprudence.