System Improvement Of Company Creditors’Interests Protection

Shareowners and creditors have made a great contribution to the development and growth of the company in modern economic activity. It could be the truth that no creditor, no corporation. With the development of the stakeholder theory and social responsibility theory of the corporation, creditors protection are getting more attention.The present company law to protect the creditor in our country involves, And the related judicial interpretation has made the provision of the protection of creditors on the company law detailed. But there are still some defects in our country’s protection system, for example, lack restraint to senior leadership who harm creditors’interests, imperfect conference system, disregard of corporate personality system, and information asymmetry of creditors.In order to strengthen the protection on the interest the company, creditor it is necessary to make an improvement on the defects in the protection system. Including:the executive responsibility should be established, which require the senior leaders to take responsibilities for their benefit harming actions; such as suspected of deceiving; the conference systems should be perfected and it comes into effect only when it was admitted by court; standard of disregard of corporate personality system should be defined, of which mainly applicable situations are brought forward, judiciary should lay down some related interpretation; system of obtaining creditors’ information should be also improved, make a more specific provision on revealing creditors’ personal information; establish derivative action system for creditors to give them rights to protect themselves and company’s interests.