A Study On The Protection Of Corporate Creditor 's Interests Under The System Of Subscription And Registered Capital

Implementation of the new company law means that China’s corporate capital system by the paid-up registered capital system into a subscribed registered capital system. And the protection of the interests of creditors is an important part of corporate law, subscribed registered capital system implementation after the interests of creditors of the company in the right to information protection system, corporate governance, and other aspects of the right to remedy challenges. At present, the domestic system for the protection of the interests of creditors study is based on the paid-up registered capital system under the premise, from subscribed registered capital system to discuss the protection of the interests of creditors; lack of systematic, comprehensive analysis and mechanisms for infrastructure construction. In this paper, a new creditor protection in the case of subscribed registered capital system faces from two aspects of theory and practice. To the creditor as the center stage subsisting claims, based on ex ante monitoring mechanisms proposed to protect the interests of creditors, a matter of prevention mechanisms and the subsequent relief mechanism.The full text is divided into five chapters. Chapter One Introduction. The second chapter discusses the subscribed registered capital system concept and characteristics as well as to protect the interests of creditors of the company related to the company’s capital system theory, denying the legal personality theory, corporate social responsibility theory. The third chapter analyzes the causes of the Company Law and related laws and regulations to protect the interests of creditors about the company’s regulations and the new challenges in the future of subscribed registered capital system implementation to protect the interests of creditors and facing these problems. The fourth chapter, a comparative analysis of common law and civil law countries national interests of the company creditor protection system. The fifth chapter mainly its own proposals for the construction and improvement of the system to protect the interests of creditors of the company, engaged in the front control, a matter of supervision, afterwards accountable to explore and elaborate three areas.