One The Interests Of Creditors Protection System Research

Companies Act 2005, China formally established a system of one-man company, but also sparked a research boom of people to protect creditors of the company. From our company's practice situation, our creditors of the company should not be assumed too much by the risk, which makes the creditor in the transaction process there is a big security risk, may at any time shake-transaction basis. China's new "Company Law" to the legislative approach confirmed the importance of creditor protection, the introduction of a number of internationally well-established theoretical results, which has great progress, and the comprehensive protection of creditors, but to achieve the goal, the practical operation intensity is not enough, there is much room for improvement.In addition to the introduction and conclusions of the paper away from being the ground five parts.The first part of the questions, demonstrating a person's need to protect the interests of creditors, from the legal analysis, one of the basis for protecting creditors of the company, effective and adequate protection of the interests of relevant creditors.The second section provides an overview of the one-person creditors of the company's basic theory, from one-person creditors of the company's definition, classification, creditor protection theory and practice development process.Part III focuses on China's one-man company to protect the status of creditors and the flaws, one-man company to protect the creditors of the company law theory and the system had a strong impact.The fourth section provides an overview of foreign law for a person to protect the interests of creditors of the company requirements in respect of the interests of creditors of the one-man company Comparative Law, a comparative analysis of common law countries and regions, a person's creditor protection law practice, although the United Kingdom and the United States did not in the legislation to clarify its relevant provisions, it can provide a more adequate protection of creditors, we should learn; civil law countries the legal requirements are relatively complete, to our legal practice has a referential significance.Part V expounded China's one-person legal protection of the interests of creditors of the company improved the system. To draw upon a person's system of legal protection of the interests of creditors provided a concrete analysis of China's current one-person system of legal protection of creditors of the company interests of the problems so as to come Improving a person's system of legal protection of the interests of creditors of specific measures. Specific measures include: a clear idea of corporate law to perfect the legal system, improve the one-man company's capital system in order to enhance a person's ability to repay debt, improve corporate governance system, improve the one-man company's information disclosure system, improve the company's legal personality of a person denied the system.Creditor protection system is an important part of company law, after the introduction of the implementation of the new Company Law, notwithstanding the provisions of the proviso of the imperfect and there are many problems demanding prompt solution defects, and one system of protection of creditors of the company for the improvement of the overall situation of the Company Law and in practice, the effective functioning of the company have an important role.