Creditors Of The Company, Civil Protection Mechanism

The protection of the interests of the creditors the company is one of the purposes of company law legislation. China's new Company Law introduces the corporate veil system, the law provides that shareholders abuse of corporate shareholders and independent status of limited liability, to avoid debt, and seriously damaged the interests of the creditors of the company, should be on corporate debt are jointly and severally liable. Although the system can be certain protection to creditors, but it has obvious limitations, does not require the use of specific conditions and procedures, as creditors often difficult to meet the requirements of the burden of proof, so is very difficult to apply. In practice there is not a comprehensive program to protect corporate creditors mechanism for the effective implementation of rights, which the company did not protect the interests of creditors effectiveness and instability in the state. Many of the provisions of the Companies Act are difficult to implement, and the objectives of the company are difficult to achieve . At present, the national company law on the protection of creditors from the abstract to the capital of directors and shareholders sued misconduct regulations. The company law should pay more attention to the effectiveness of the protection of creditors. Based on the analysis of domestic and international legislation on the basis of China's company law in practice on the protection of creditors' defects, the company proposed construction of China's protection of creditor litigation system. The article detailed analysis of the creditors in the company established the separation of the merger, restructuring, liquidation, and so on stage and in related enterprises and a company may be in the interests of damage to a creditor to seek relief litigation means for the company to protect the interests of creditors to provide a strong The judicial relief means, thus realizing the interests of the creditors to provide more comprehensive protection.