Non-monetary Property Financed To Perform The Procedure Study

This paper sticks to ideology of corporation law as the key link, procedures of making capital contributions in non-monetary assets as the item, review of the legislative ideas as the principle,and the reconstruction of the regulations and standards as the priority,and it pays much more concern on a series of questions including whether the institution for procedures of making capital contributions in non-monetary assets is proper,and what procedures of making capital contributions in non-monetary assets is needed in the practice of forming a corporation,with the purpose of realizing the final goal that when the head rope of a fishing net is pulled up,all its meshes open,and address both the symptoms and root causes.Based on this,this paper comes to a conclusion:the revised corporation laws still carry on the past legislation ideology,that's the institutional arrangement which protects the interest of creditors rest on capital credit.The ideology of the system designing is good,but it can not withstand the test of the practice.As an institutional arrangement for the share holders and company promoter to seek capital growth,The corporation's key advantage lies in its high-level efficiency in fund-raising,however the barriers on the establishment of a corporation(in this paper,it means the harsh procedures of making capital contributions in non-monetary assets) will limit the Laws of Corporation to function greatly,and the practice of the companies' operation also indicate that capital credit can not prevent the creditors from risks.What is more,it is also commonly believed by other countries' legislative experience that legislation on company establishment should cultivate the ideology of "encourage the investment,fully utilize the investment resources", and get rid of the incongruities that have been caused by the open legislative models in the operational process of the company.Thus,reflect on the legislative ideology behind the provisions,and then reconstruct relevant systems,so as to perfect the procedures of making capital contributions in non-monetary assets,this is the basic logic of the paper and this is how the paper unfolded.There are four parts in the paper text,the arrangement of the four parts are as follow:The first part,"The reading of the law on procedures of making capital contributions in non-monetary assets".In this part,to begin with the specific provisions of the Corporation Law and relative legal provisions on the procedures of making capital contributions in non-monetary assets,this paper elaborately analyzed its expressing and linguistic characters from several points.It is expounded in the paper that the specific provisions of the Corporation Law on the procedures of making capital contributions in non-monetary assets can not satisfy the needs for the development of theories and practice in certain fieldsThe second part,"Theoretical analysis on the value of the procedures of making capital contributions in non-monetary assets".Every law provision is backed by legal values;incompatible legal values even collide over the same issue.The ideology of the new Corporation Law is analyzed in this part,and two basic value orientation(what should be adhered to in the legislation) are put forward,namely the best point of blending Transaction Security with Economic Efficiency should be set with reasonable certainty,and the bounds between the principle of autonomy in private law and State Interference should also be established.The third part,"Legal or illegal:research on the evasion of the procedures of making capital contributions in non-monetary assets". Qualitative analysis on the effectiveness of evasion of law is conducted in this part,thus we can conclude that the reason to evade the law is the system defect which allow the investors to choose the favorable forms of investment,so the evasion in fact is legitimate act to avoid disadvantages.The forth part,"Perfection of the procedures of making capital contributions in non-monetary assets".Two ideas on the amendment the procedures of making capital contributions in non-monetary assets under the Corporation Law are put forward in this part:institution of the "being established corporation" should be introduced and the "back end processing" legislative model should be adopted.The former can be seen as the admittance to the investors' capital contributions in non-monetary assets,so as to solve the practical problems that brought about by the rigorous requirements of law on the procedure.The later based on capital credit ideology and its main idea is that the freedom of choice should be given to investors during the stage of establishing a corporation:legislative model should be changed from "Front Control" to "Backend Control".