System Of Protection Of Creditors Of The Company In China To Study

Company has become an important market subject of market economy in motion in the modern society .A host of property's circulation relation establishes between company and other market subjects .Company becomes debtor by issuing bonds,signing the borrow contracts or purchasing goods and so on. Because company debt undertaking directly correlates with the specific benefit of company creditor. In order to safeguard the safety and credit of market business, how to protect the benefit of company creditor and establish the perfect its system of protection has become a protrusive and important problem. China is in the important stage of establishing modern business system and developing market economy, the perfect company creditor protection system is reliable guarantee for market economy. Therefore, research on China's company creditor protection system has very important and practical significance.This thesis is divided into 3 chapters. The first chapter is summary of company creditor protection system. It chiefly introduces company creditor protection system's history and developing tendency and expounds the necessity of establishing and perfecting company creditor protection system in China.The second chapter chiefly elaborates current company creditor protection system of China. They are: (1) company creditor protection system established by company act of China. (2) company creditor protection system established by civil law of China. Here are comparing research between China's current company creditor protection system and foreign country's relevant system and some defects of China's current company creditor protection system.The third chapter is perfection of China's company creditor protection system. It is the emphasis of this thesis. In the light of defects of China's current company creditor protection system, it puts forward law advice from 4 aspects on how to perfect China's company creditor protection system according to China's practical situation. (1) establishment of the principle that company's act in excess of authority is relatively invalid. (2) establish the system of company's creditor's management restriction of the company. (3) establishment of disregard of company personality system. (4) establishment of the system that director bears civil obligation of the company creditor.