Capital System Research, And Legal Issues Related To Creditor Protection

The corporate capital system is the core of the corporation law, and also consists an important aspect of the reform of China's Corporation Law. With the revision of China's Corporation Law in 2005, the rigid legal capital system in China has been relaxed to a certain extent. In the background of the reform of the Corporation Law, we cannot ignore the influence of system innovation on the creditor's interests. Thus how to reasonably design and improve the protection system of the creditor's interests has become a task of top priority. In view of this, this thesis, based on the system framework of the new Corporation Law, intends to make discussions on some rules during the company's operation phase of in the point of the protection of the creditor's interests, so as to construct a more effective rule of corporate capital to protect the creditor's interests in China's Corporation Law.This thesis consists of three parts:The first part of this thesis introduces the relevant concepts and fundamental theories of the corporate capital system. It mainly includes the definition of capital, the three doctrines of capital under the legal capital system, the definition of creditor and its legal status, and the relevant theories (limited liabilities and conflicts of interests) of the forming the corporate capital system. Besides, this part also briefly introduces China's mode of corporate capital system and the related conditions on creditor's protection.The second part of this thesis elaborates the theoretical foundation and inherent logic of the three doctrines of capital, and its changes in recent years. Besides, this part also briefly introduces the influences on China's Corporation Law by the changes of the three doctrines of capital.The three part of this thesis particularly interprets the connections between the corporation's profit distribution and capital reduction and the protection of the creditor's interests. In this part, the author reviews the rules of profit distribution and capital reduction in China's Corporation Law based on the comparison of some relevant foreign registration examples and is trying to make some useful suggestions, so as to provide the creditor of the corporation a more effective and complete legal protection.