On The Perfection Of Company Capital System In China

The company’s capital system is an important part of company law. Is thecornerstone of the company legislation, the company has established one of theimportant system of the survival and development. The pros and cons of corporatecapital system design to some extent, a country’s company law is a scientific andrational. Amended through October27,2005, the Tenth National People’s CongressStanding Committee eighth meeting of the Company Law of the People’s Republicof China, and officially implemented on January1,2006, the CompanyLawamendments to the original company of China’s capital system, a comprehensive,radical transformation of the company’s capital system have a new look. CompanyLaw in the concrete practice of the process in recent years, have to adapt to factorsstand out, the current market economy, the pace of development, company law in thefuture development of the process, it is bound to be in the company’s capital systemmade bin, to prevent the company set up in fraud speculative behavior on thedamage to the interests of the creditors, Disregard of Corporate Personality onChina’s national conditions and make appropriate adjustments, while ensuring thelegitimate rights and interests of the shareholders, in the legislative and practical toachieve full protection of the interests of both shareholders and creditors. Therefore,the community personnel have to discuss and appeal to the Companies Act, inparticular the reform of the corporate capital system.In this paper, our new amendments to the implementation of the "CompanyLaw", the context of corporate capital system is easing a brief introduction ofcorporate capital, corporate capital system’s basic theory, the main line with threeprinciples of "capital" of the company capital system analysis with the protection ofthe interests of the creditors, and then to the reality effect of the protection of theinterests of the creditors as the starting point to further point out the shortcomings in the current protection system in the interests of creditors in China, and finally, basedon the results of the analysis of the corresponding countermeasures and suggestions.