Company Debt Financed System Research

A society's property basically may divide into the creditor's rights and the real rights, a society's economical movement may be summarized as the practice between the creditor's rights and the real right interconversion. Along with the market economy development, the transaction gets more and more frequently, the creditor's rights multiplies, the status obtains a enormous enhancement. Just as the German scholar Brew hertz pointed out that, "The creditor's rights already were not the method to obtain the rights , its itself was the legal life goal, the creditor's rights performance and the interest desire today are the economical purpose." The economic value doesn't exist temporarily in the real right, but from one creditor's rights to another creditor's rights constantly "our country has been always contributing to the market economy construction, The economical transaction quantity between the market main bodies increase sharply, the creditor's rights value shows, How to make full use the creditor's rights will enormously affect our country's economic development and the advancement. Invests with the creditor's rights to the company is an effective very good means to use creditor's rights. May fully use the economical resources with the creditor's rights investment, having positive meaning to promote the economical development, but also can bring some concerned litigant negative effects as well, therefore, how to promote and standard creditor's rights investment through the legislation has certain theoretical and practical significance. For this reason, this article mainly states the study on the company creditor's rights investment issue through the following four parts. Part I mainly analyzes general problem of the company creditor's rights investment. This part firstly inspected the concept and function of the capital, then analysis and limits the creditor's rights investment legal concept, which refers to the investor invests to the company or the third creditor's rights to the company, but to get the share of stock, and also analyze the creditor's rights investment characteristic: unsteady, destinated, the non- opened and be easy to cause the investment cheat; Finally analyze the creditor's rights investment rationale, because the investment creditor's rights debtor is different which can be divided into the creditor's rights investment into two kinds, take the company as debtor's creditor's rights investment and take the third person as debtor's creditor's rights investment, these two creditor's rights investment rationale differs from each other, this article has analyzed the creditor's rights investment rationale separately take this classification as the foundation; Part II analyzes the British and American legal system country, the mainland legal system country and our country ,even Taiwan area about the creditor's rights investment manner and the rules and regulations...