On The Basis Of The Company's Credit

This paper discusses the company credit basis from four aspects, therefore it is divided into four parts.Chapter one: Firstly, this chapter analyzes the constitution of credit mainly by logical discursion. This paper is of the opinion that the credit is the unity of intrinsic performance ability and extrinsic performing. The core of credit is the society's trust in the acceptor of credit. Credit is a kind of society evaluation. Credit relates to performing directly but to performance ability indirectly. So the extrinsic credit of company dose not parallel to the credit basis. The main idea of this paper is based on this. Hence the analysis of the credit constitution could distinguish capital credit from registered capital credit. People always consider capital credit as registered capital credit in a narrow sense, which leads to the misunderstanding of capital credit. The company credit should include assets credit in a broad sense. There are no essential differences between assets credit and capital credit which describe company credit from different angles. This chapter reviews the development of the company credit basis from the aspect of history, which tells us the company credit basis has been changing as time goes by.Chapter two: This chapter divides the development course of company capital credit into three stages. The first stage is the origination of company credit basis, whose characteristic is registered capital credit. The different choice of capital forming system in different country's company law shows different attitude to company registered capital credit. The system is deeply rooted in different requirements from economy, culture, and law of these countries. Chinese company law should choose a compromise capital system. The second stage is the forming and development of company credit basis, mainly included assets credit. That is the core stage of company credit. Company credit is mainly based on company assets, which is the overall guaranty for all the company's present and future creditors. The company credit is changing continuously. This paper analyzes company credit mainly involving this stage. However, assets credit is also confronted with many challenges. The third stage is the dying out of company credit basis. When the company faces liquidation and dismiss, the property of the company will be distributed to creditors and shareholders. Certainly, there will be no credit basis without property. The company basis will die out because of nullification after its liquidation.Chapter three: This chapter gives some introspection of the company credit basis problems existing in today's China, and analyzes some defects in laws and regulations. The reason that the company credit basis becomes a basic and hot question and attracts extensive attention of society is the crisis of company credit. This chapter first analyzes all kinds of phenomena of company credit crisis and the reasons for the crisis. Further analyzes the measures to guarantee company credit basis and its defects in Chinese law and regulations. It emphasizes that the guarantee of company credit basis should be started with two aspects. On one side, we should attach great importance on the supervision of the flow of company assets and the establishment of the...