A Study On Capital System And Creditors Protection

On a worldwide scale, the prevailing corporation law reform has resulted in new challenges for Creditors Protection. However, with the development of modern corporate finance theory taking the system as an intrinsic factor, we have to make clear the system factors embedded in corporation finance behavior and the influence of finance efficiency when faced up with this problem. Therefore, by choosing the system as the breach point, the present paper not only has theoretical value, but has practical significance.The Capital credit is the soul of capital enterprises. Capital system takes in the corporate finance behavior the system factor, starts from the capital, takes orders of the developed Capital credit principle, and safeguards the creditor benefits through taking the operation of capital into the norm. The present thesis attempts to make a research of Capital system as a core and function in Creditors protection mechanism, takes the company law reform as the chance, and investigates the deeply reform of the Capital system in order to perfect Creditors protection mechanism and then to protect creditors.This paper will creatively take Capital system that is an intrinsic variable as the breach point to make a study of Creditors protection problem, applying the modern corporate finance theory taking the system as an intrinsic factor; Integrate Registered capital credit and Property credit into the generalized concept of Capital credit, and take it as an instruction to establish Capital credit system model to protect creditors'benefit; The present thesis here is going to thus deepening the reform of the Creditors protection system so that optimizes Creditors protection mechanism from following aspects: innovate capital idea, explore Capital credit system pattern and perfect Disregard of Corporate Personality. And what's more, unifies Share Structure Reform which is a content of the adjustment of Capital system in order to realize Creditors Protection in Share Structure Reform by those way: First, large shareholders try to redeem the debt by stock; Secondly, large shareholders take back occupied fund and illegal guarantee by cash; Finally, non-circulating stock shareholders or new companies undertake the company'debt and so on.