False Capital Contribution Of Shareholders And The Flight Of Capital Contribution To Civil Liability Analysis

In modern times, companies play important role in the market activity. The company, as a special form of enterprise, is increasingly welcomed by investors. In china, with the foundation and perfecting of market economy system, the company shows its importance and force more and more。People pay intensive attention to the company legal personality and ability. There are three factors for company to become a independent legal person, independent asset,independent idea and independent responsibility. Since the independent asset is most important for a company, we need to research the contribution institution carefully.The contribution institution is an important system in corporations' law. Offering contribution is a basic obligation for shareholders and it is the premise to have stockholder's right and to bear limited liability for shareholders. Furthermore, shareholders'contribution is the foundation of the capitalization of the corporation. The relation between the legal personality of corporation and the contribution is distinct. So if some shareholders violate his obligation of contribution, the benefit of corporation, other shareholders and the creditor of corporation will be infringed.In a long time, in the actual economic activities, there are so many companies established and gain the license but some shareholders are defects arising out of capital contribution and spiriting his money away that massive dissention are coursed. Considering the significance of researching the civil liability when shareholders commit this two kinds of mistakes, the author choose the civil liability of stockholders defect arising out of capital contribution and spiriting his money away as the object of his research.The thesis firstly analyses the character of the obligation of contribution. Secondly, introduces the present situation of shareholders defect arising out of capital contribution and spiriting his money away, then analyses its civil liability including the situation that they hold the stock and transfer the stock. At last, research the insufficiency of the civil responsibility specified in corporation law and how to perfect the system...