The Dilemma And Outlet Of Reform Of China’s Company Capital System

Legal regulation of China’s capital carrying the interests of corporatestakeholders to achieve the healthy and orderly development of the industry with thecompany, in addition to companies outside the regulation of the industry to exerciseself-discipline and social networks also need effective regulation in the legal system.Practice highlights a series of company capital system in our country needs toseriously address the problem: three principles of capital occurs between disjointed,false funded or subsequent withdrawal, withdraw capital seriously, forcing uniformamounts of capital sets a serious lack of autonomy and flexibility of thecompany-run autonomous space, company stakeholders to safeguard the interests ofserious imbalances, which have been unable to realize the benign development ofCorporation capital system. Carding and analysis from multiple perspectives, thispaper attempts to present corporate capital system in China is being or has beenfacing a series of difficulties and seek reform of company capital system in ourcountry and take this way out. Comparative experience outside of the company’scapital legal regulation, law enforcement and judicial practice, China’s Corporationcapital system reform must seek diverse paths. By empowering rules for capitaloperation a path to three principles on capital efficiency, enhance self-managementand autonomous spaces of the participation interests of the company. Legislatorsshould stick to interest balancing concepts for the integration and coordination of thecompany’s capital of legal system of pluralistic main body in benefit game, evenconflicting, proper handling and coordination between multiple bodies of interest, soas to achieve our company interests between capital operation and development ofpluralistic main body acceptance. In the company’s capital in breach of regulationsand regulatory processes, the establishment of corporate capital credit files to buildfull systems integration company capital information legal information system.Changes in the company’s capital management, from a governance towardspluralistic governance. Avoid simply rely on the form of regulation of the executiveauthorities, law perfecting corporate capital punishment mechanism construction of social public multi-monitoring of company capital of nasty things. According to thepractice of corporate capital system in China, law enforcement and judicialexperience, distill the essence of company capital system and in order to promoteimmediate perfection of company capital system in our country and for theimprovement of China’s legal system as a whole provides a strong theoreticalinterpretation of the explanatory power of.