The Research Of Creditors' Rights To Know For The Abuses Prevention Of The Corporation Autonomy

Traditionally ,the function of Creditors' rights to know has been set on the protection of creditors' interests. With the integration of Creditors' rights to know and the abuses prevention of the Corporation autonomy, this paper will focus on the renewed institutional implication for the resurrection of the right's essence of commonly beneficial interests. Three chapters are involved here.The first chapter reflects on the Corporation autonomy with the enlightenment of the necessity for a new approach of the abuses prevention. Starting with the review of the limitation of Corporation autonomy, we will streamline the current ways of the abuses prevention, followed by the coming up of the motif for this paper, which is to establish the system of the Creditors' rights to know for the realization of abuses prevention of Corporation autonomy by adding new participants to the Corporation autonomy .The second chapter elaborates on the functional illustration of Creditors' rights to know for the proving of its function of abuses prevention. Firstly, we will demonstrate the economic function of the Creditors' rights to know, with its legitimacy analysis as the prerequisite. Secondly, with the introducing of the framework of the game theory, the abuses prevention function of the Creditors' rights to know will be verified via the game analysis between the creditors and the debtor corporations. Thirdly, the function of the abuses prevention of the Corporation autonomy will not be actualized authentically without the formation of statutory stipulation of the Creditors' rights to know. Finally, it will be witnessed that the Creditors' rights to know could anastomose with the specificity of the Chinese corporate governance.The third chapter emphasizes on the institutional construction of the Creditors' rights to know which will be set as a specific corporate system. With the feasibility analysis of the system of the Creditors' rights to know, the primary part will be focused on the concrete construction of the system of the Creditors' rights to know, including the composing elements of the system and the litigation of Creditors' rights to know, concluded with the avenues to lower the implementing cost of the Creditors' rights to know.The ending part is about the philosophical contemplation of the Corporate autonomy and the Creditors' rights to know, with returning to the theme of the institutional construction.