Company-funded Responsibility

The research to the responsibility of providing funds originated from the shareholders of the company. Abuse the legal personality of the corporate legal person and the alienation of the corporate independent personality. It plays a vital important role in legal practice, especially in the theory.Nevertheless in a long term, the research to the responsibility of providi ng funds is limited in the research to the responsibility of the initiator just because of the limitness of visual field, it can not get an all-round and systematic discussion on responsibility main body, responsibility scope, responsibility shape and responsibility reliefs and so on. And lead to the shortage of a systematic and agreeable result in legislate and judicature.Therefore, This article starts from the capital bedding and regulations bedding of responsibility origin, take the limited corporation as research model, take civil liability as a mainline, take the responsibility of providing funds as a theory points. We discussed the system of the responsibility of providing funds, trying to construct a reasonable responsibility system of providing funds. So that we can make a reasonable suggestion to our country's legislate, and judicature of the responsibility of providing funds.The paper consists of three sections:Section one: Das Kapital.This section mainly discusses the meaning of capital, corporate capital's legal meaning and other concerned concept's compare, considering capital is the purpose and result of providing funds. If we want to discuss providing funds, it is necessary to discuss "capital" first.Section two: regulationIn this section we mainly researched the capital rules and providing funds rules. Including the -self-criticism and criticism to our country's capital rules and providing funds rules.Section three: the responsibility.This section include two parts. First we analyze the theory and the current situation of our country's providing funds. Second, we put forward a brand-new responsibility system of providing funds.In the new system, it consists of 4 parts, that is, noumenon, main body, entity and prescription. Noumenon deals with the concept, character, sort and the research method of the paper about the responsibility of providing funds.The main body deals with the responsibility of every main body under plane view in detail, mainly discussed the responsibility of the non-providing fund shares holders, quasi shareholder, honorary shareholders, the company and the middleman. We make an attempt to the research of the providing funds as a form of ready goods, ill-intentionally entity deals with the character of setting up a legal person, brings about the body, character of the responsibility of providing funds of all stages. We put forward a theory that After setting up a theory, we must's transfer the owner right, can't be paid, and also discussed the relationship between the company's regulation and the providing agreement.The prescription deals with the problem, if the shareholder's who don't providing funds apply to limitation of action. We insist that they are not apply to the limitation of action.