On China's Capital System Mode Selection

Corporate capital system is an important content of corporate law. Along with the development of the amendment of our corporate law, people have been attached to the . innovation of the capital system, and how to design the capital system has become the focus. At the same time, during the reformation of the capital system, the most important thing we should do is to choose the proper system mode. Only this can we regulate the rightful contents of the system.The choosing process of the mode is the process of recognition and conflict of different values of capital system as well as the process of newly recognizing the function of corporate law. Meanwhile, as an important content of a nation's corporate law, capital system also has a close relationship to the situation of a country. Therefore, to choose the proper capital system mode not only demands the consideration about the essential value of capital system, the scientific orientation of it, but also demands a clear realization of the situation of our country. Moreover, we must review the legislation examples of advanced countries so as to use them for reference of our capital system mode selection.Therefore, the first part of this paper is the rethink of the value of the capital system. This part starts from the legislation idea of capital system and bases on it, then newly considers the value idea of capital system through the analysis of the value idea of capital system and the quality of corporate law, draws the conclusion at last that capital system's first aim is to ensure security, and at the same time, it has to furthest reduce damage of efficiency. Meanwhile, we must understand that only the capital system, which accords with the value idea, can have vitality.The second part is the comparison of three capital systems. Basing on the value idea of capital system and contrastively analyzing three capital systems. Statutory Capital System. Authorized Capital System, and Eclectic Capital System, at an angle of comparative law. the paper considers that Eclectic Capital System is more accordant with the value idea of capital system.The third part is the situation and analysis of our country's capital system. Relating the legislation actuality and fact of our country, it analyzes and reviews the capital system of our country and considers that though stringent statutory capital system is adopted in our country, it have not realized the lawmaker's purpose. Such has a straight relationship to the faultiness of related systems of course, but the most key factor should lie on the self-limitation of stringent Statutory Capital System. Therefore, in many places, ourcountry's stringent Statutory Capital System is altered in forms of local codes and regulations. Demands give rise to alterations, so it is necessary for us to re-choose and re-design the capital system of our country.The fourth part is the re-choose of the mode of the capital system. Based on the review of the capital system of our country, the paper chooses the capital system mode of our country with the situation of our country as its start, and considers Authorized Capital System doesn't suit the situation of our country, but Eclectic Capital System should be our adoption.Then after this, how to design system concretely and realize the value idea of capital system is another important problem. The last part is the re-design of the mode of the capital system. But here, we shouldn't copy other country's legislation examples simply, and the situation of our country and related systems should be the most basic stand. Upon this and concerning with the forms of our companies and features of Eclectic Capital System, the paper arranges the system for limited liability company and company limited by shares in the course of designing the Eclectic Capital System, including adopting which capital system mode, reducing the legal minimum capital, strengthening the opening of information, and so on. But at the same time, we must understand no system exists isolated and it can't effect without coordinate s...