A Study On The Civil Liability Of The Fragment Of The Capital Contribution

With the continuous development of economy, the phenomenon of dormant investment is more and more in the company, it caused problems emerge in endlessly, especially for the problem of capital contribution flaw of investors anonymity. Not only affect the normal operation of the company, damage to full specified amount paid shareholders’right, but also hinder the realization of creditors. Pursue the civil liability of dormant investors, can good to solve the plight of capital contribution flaw brings to the company, creditors and full paid shareholders. In contrast, china’s current legislation about dormant investor’s capital flaw, in the protection for the interests of the creditors and there are still in sufficient to the company and shareholder’s right to relief. Still need to in the legislation to the dormant investors to perfect the civil liability of the company, creditors and shareholders. Besides preface and conclusion, the article is divided into four parts.The first part, summarized the concept of dormant investor capital contribution flaw, its main forms are false capital contribution, contributive untrue, investment shortage and full out investment focus. Compare with general shareholders, dormant investors and damage compensation liability form more serious loss of shareholder’s equity. The fourth part, through the understanding of foreign legislation and the observation of the trends in legislation in our county, put forward proposal for the lack of our country’s legislation. First of all, refine the dormant funders’ civil liability for the company’s creditor, strengthen the protection of them. Next, to the company and full paid shareholders to further strengthen the relief methods. Finally, perfect show the famous shareholders’ rights. Through the legislative consummation, in order to solve the civil liability of the dormant investor capital contribution flaw question.