Research On The Reform Of Capital System And The Protection Of Creditor 's Interests

The structure of this paper is composed of preface and three chapters.The preface is mainly about reviewing the reform of company capital system in the<company law 2013>, then, the auther carried on the focus of the study about this paper:exploring and summarizing a set of protection mechanism about the corporate creditors’ interests.The first chapter discussed is that protecting creditors’ interests is the obligation of the<company law>. Based on the first section, the author analyzed the reasons of the reform of the capital system and led:<company law 2013> abandoned the strict legal capital system of capital credit guarantee function, did not mean that the<company law> no longer have the obligation to protect the creditors’ interests, the<company law> of creditors’ protection could not be avoided, It has profound legal basis and practical needs.The second chapter mainly discussed the influence of company capital system reform to the interests of the creditors, from the< company law>,the author respectively analyzed influence to corporate creditors’ interests, cancelling the minimum registered capital of the company to the corporate creditors’ interests,changing limited recognition payment system for unlimited subscription to corporate creditors’ interests, three kinds of capital illegal behavior identification to corporate creditors’ interests and totally abolished the effect of verification procedures to the corporate creditors’ interests.the auther conclused that thanks to the oversight of the<company law> system defects and company capital system reform, after the reform of company capital system, did have a certain influence to protect the interests of creditors.The Chapter 3 is to improve the security mechanism of the interests of creditors, the company capital system reform didn’t deny the protection to company creditors’ interests, however, the company capital system reform is deviation path correction of the company creditors’ interests protection, making the<company law> about the company creditor interests protection idea back on track. Through the analysis of the first two chapters in this paper, the author thinks that the<company law> should be the perfection of corporate governance mechanisms and follow-up supervision aspect of company capital regulation to improve the mechanism of protection of the creditors.The company capital system reform caught the problem existing in practice hindering the efficiency of market transactions, to make great efforts to reform the old capital system, complied with the needs of the company reform situation. At the same time, the reform of the<company law>, is bound to leave and gradually expose the needs to continue to reform the system flaw, this is not easy to be avoided to the<company law> reform at any time, because new system does not as perfect as possible. Therefore, the reform of<company law> does not stop the pace. In the unceasing<company law> practice, finding the problem, seeking the crux of the problem,and further improving the legislative defects of the<company law> is always the main melody.