Font Size: a A A

Research On Legal Issues Of Corporate Creditors' Interests Protection In China

Posted on:2011-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhouFull Text:PDF
GTID:2166360305957296Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The company system has experienced the period of personal selfishness in a free capitalism system and social selfishness in monopoly capitalism, and the existence of the company system creates huge amount of wealth for the society. According to the traditional company law concepts, the company is described as profit-oriented, seeking to maximize the wealth shareholders. This kind of shareholder-centered system model early in the history of company law has played an important role in promoting a positive, in addition, active atmosphere of the market and enhancing investments. With the development of economy, the traditional concept of company law emphasized too much freedom which leads to economic chaos, so we must adopt a rational attitude to defend the normal market order. From the perspective of modern society, the law stand above the interests of society as a whole, only a superior control of the macro economy can balance economic development and keep it growing. Modern corporate system is a product of social selfishness.As the market economy active cells, company should pay attention to the interests of all parties under the idea of social selfishness, because the company's survival and development will directly or indirectly involved the interests of social actors, other than shareholders. Therefore, the concept of the interests balance of the Company Law came into being. Many countries have also forced the provisions of the Companies Act of specifications not only concerning about protecting the interests of the company and shareholders, but also concerning about the company's employees, the interests of creditors of the company and bear corporate social responsibility. Therefore, the protection of creditors of the company is the inevitable result of the concept historical changes. Independent legal personality and limited liability system make risk outside of the company at a substantial degree, so this risk is passed on the company's outside alone. The company's creditors were involved most extensively and suffered directly outside the company. The creditors of the company is the only one of the non-shareholder stakeholders protected by the every nation's company law.This issue is divided into three parts on the protection of the interests of creditors of the company. First of all, it begins with analyzing the protection from creditors and discusses the history and theory of the protection of creditors. Secondly, the thesis discusses institutional arrangements of protecting creditors and the importance of the company's capital system, disregard of corporate personality and corporate social responsibility theory for the protection of creditors in details; Finally, through analysed the creditor protection in our country. We could learn from the provisions of protection of foreign creditors to improve our company creditor protection.The first chapter introduces the company creditor protection, It comprises three aspects the of creditors protection, the theoretical basis to protect creditors of the company and the importance of protecting creditors. Creditors of the company is legal petitioner who has debts. Creditors of the company has a wide range that socio-economic life in a variety of natural persons and business entities are likely to become a creditor. Creditors of the company is the persons who has claim to the company, and the company has debts to its creditors. The company's providers other than shareholders, including commercial banks, non-bank financial institutions, the company's trading partners and corporate bond holders. The protection of creditors of the company is the inevitable result of concept's historical changes. As an important principle of the company systems, limited liability makes a considerable degree of risk outside of the company to cater to the investors'psychological needs avoiding the infinite risk, which greatly aroused the enthusiasm of many investors and it have played an irreplaceable role for the development of the economy, but there are both advantages and disadvantages for the company's creditors. The rise of corporate status is an important feature of modern society. The company's operating business gradually extended to other areas in addition to the traditional business. Creditor protection under the law is the cornerstone of maintaining public order. As a collection of diversified interests in society, the company is combination of the interests of shareholders, creditors interests and the public interest.To balance the interests of the parties can contribute to stability economic development.The second chapter focuses on the company's creditor protection system,that is capital system, disregard of corporate personality and corporate social responsibility theory of the system. The company's capital, which is considered the company's blood, is the company's survival. The establishment and operation of the company can not do without capital protection. The generation of capital is to balance the company (shareholders) and external interests (creditors) the interests, and is given an important mission to protect creditors of the company. As the negative evaluation of minimum capital requirements protecting the creditors, the assets of the credits which responses status of the company operating is widely recognized. Although the assets of credit has its practical and economic value, its protection of creditors of the company has both advantages and disadvantages. The rapid pace of modern development of the company makes the traditional company law system can not solve a good balance of interests. In order to effectively prevent the abuse of limited liability shareholders and to personal independence against interests of the company creditors, and protect more public interests and improve the traditional legal system, Piercing the Corporate emerged. Disregard of Corporate Personality maintains based on the principle of limited shareholder liability and uses piercing the Corporate to punish those who abuse the system to achieve a breakthrough in improving the system. It balances the rights and obligations and realizes the true nature of the law. Corporate Social Responsibility Theory is very important for the protection of creditors, and it is an important basis of development and progress of the creditor protection. As an important element of social and economic life, corporation can not only enjoy rights without obligations. The main theme of today's society is to put community interests first, and only the whole community achieves a harmonious and stable state, can it be more conducive to the interests of all parties.The third chapter focuses on the status of our companies creditors'protection and its improvement. This chapter includes two major areas, which are specifics of Company Law in the part of creditors'protection, and a reasonable proposal to protect our company's creditors. The fact that the interests of creditors or the other interest bearer need to be protected do not justify the law's interference, the law is valuable only if the interests of creditors can be more effectively protected by law than by the contract. China's "Company Law" emphasize legislation on the protection of creditors of the company, and make impressive progress in all respects, but the provisions emphasize too much on principle to be operational, as a result, in order to provide more comprehensive protection for the creditors, suggestions such as to add financial information exposure and to improve regulatory system are proposed to deal with the issue. Proposing a comprehensive protection for companies'creditors is the part of innovation, and hopefully creditors can be more comprehensively and feasibly protected by adopting effective measures.
Keywords/Search Tags:Corporate Creditor, Shareholder, The Limited Liability Institution, Creditor Benefit Protection, Corporate Social Responsibility
PDF Full Text Request
Related items