Creditor Groups The Legal System For Corporate Bonds Is A Comparative Study

Along with the economy of the market of our country developing fast, company's debenture has become the important means that modern company carries out financing. In production and operation, company and other market main parts occur plenty of property circulation relations, company becomes debt undertaker through publishing company's debenture. Because company debt undertaking directly correlates with the specific benefit of company creditor. In order to the safety and credit of market business, how to protecting the benefit of company creditor and establishing the perfect protection system 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. But in the current legal of our country, the protection system of creditors'benefits is too generally, and lacks foresight and actual operation. It cannot offer effective theoretical basis to the company's debenture practice of our country. Therefore, research on China's company creditor protection system has very important and practical significance.Company's creditor is usually the social public who is not specified. They lack the necessary legal and financial knowledge to protecting their own rights. At the same time, it is inconsistent with the benefit of all creditors that allowing them to exercise the right single. So countries company law has established special protection system of Bondholders'Community, with protecting the benefits of a few and all the company's creditors. In Anglo-American law system, it is the Debenture Trustee Deed, and in Romano-Germanic law system, it is the Meeting of Debenture Holders. This essay raises some advice for our country's legislation under the background of present economic and legal situation, The author hopes that this essay will be useful to the establishment of the protection system of company creditors'benefits in our country.This essay, 35,000 words or so, consists of four parts. Chapter 1 is general state of related problems. It briefly introduces the concept, features of the company's creditors. Chapter 2 deals with the protection of creditors'rights, and proves the necessariness of installing Bondholders'Community. Chapter 3 introduces the different stipulations of Anglo-American law system and Romano-Germanic law system, and carries out analysis and study. It is the key part of the whole paper. Chapter 4 deals with the establishing and perfecting of protection rules of creditors'right in our country. The suggestions on the legislation of protection system of creditors'right is available herein.