A Study On Legal Issues Of Creditor 's Rights

Nowadays, creditor’s right has broken away from the constraint of personal attributes and become one of the most important property forms of current society.Meanwhile, as a result, creditor’s right has gained the nature of independent property and the possibility of property appreciation as investment scale, thus winning increasing popularity from contributors. On one hand, from the perspective of the company, company has attained independent legal person qualification or operation requirements, that is, capital invested by shareholders,in order to take relevant legal responsibilities as independent legal person or to maintain the company in good running. Creditor’s right is the widely used property form with huge sums, company can accept shareholders’ property of creditor’s right whether in establishment or in the process of operation, for the purpose of greatly improving the efficiency of establishment or operation process.On the other hand, from the perspective of investors, if investing their creditor’s right, they can broaden channels of property appreciation, therefore, quickly accumulating more fortunes for themselves. At present, Item Twenty Seven from the Corporate Law has defaulted the legitimacy of creditor’s right contribution.What’s more, there are a great number of cases concerning the creditor’s right contribution in juridical practices.With the particularity of claim rights, creditor’s right has distinctive differences from intellectual property rights, land usage rights and other property rights. However, the current national creditor’s right investment is still applicable to the unified mechanism of non-monetary property contribution, which obviously does not match the importance and particularity of creditor’s right as an independent property, bringing disadvantages to the further development of the right and the accumulation of social aggregate wealth. Now, our country is short of sound procedure mechanism and safeguard mechanism of creditor’s right distribution, causing tremendous gap between the realized value and evaluationvalue in juridical practice and ambiguous duties among concerned entity and other conditions. All these situations have brought right damages to contributors,companies or creditors.This paper believes in order to match creditor’s right with its significance and particularity, our country still needs to improve relevant laws and regulations concerning the currant creditor’s right contribution and establishes a set of reasonable procedure mechanism and safeguard mechanism of creditor’s right distribution.This paper introduces reasons of selecting the topic and research abo ut issues concerning creditor’s right investment. On the basis of main research co ntents,methods,meanings and other issues, the paper states basic meaning, feasibi lity and necessity of this investment as well as the current situation and shortcom ings in our national the investment system. Afterwards, this paper also introduces the current situation of the system in and instructions drawn from it. Upon the a nalysis of the current situation and shortcomings, this paper adopts advanced exp erience from overseas systems. In terms of our national condition, guided by the principle that we should seek efficiency based on safety-oriented principle, this p aper focuses on improving the creditor’s right investment system from perspectiv es of its procedure mechanism and its safeguard mechanism, for the purpose of fi xing issues concerning the ambiguity and shortcomings of the system.