Theory Of The Civil Liability Of The Flight Of Capital Contribution Of Shareholders

Set up a company, it is the most important capital, the company’s capital for the operation of the company to provide the necessary material base. Company substantial capital to maintain shareholders, creditors legitimate rights and interests and the normal operation of the company. But in real life, always some shareholders cannot abide by the provisions of the law and the company’s articles of association, for the sake of their own interests, smoke escape capital, its harmfulness.On February16,2011The supreme people’s court issued 《<The company law of the People’s Republic of China> Some problems of rules (三)》, This judicial interpretation clearly defined and enumerates the smoke escape capital contribution behavior, and the corresponding civil liability. But The judge in the judicial practice still face criteria fuzzy recognition of the flight of capital contribution, Responsibility for the lack of basis of judicial predicament. This paper by combining the judicial practice in the specific case of smoke escape capital contribution of shareholders, to refine the analysis this judicial interpretationof judicial cognizance standard of smoke escape capital contribution, and responsibility of smoke escape capital contribution of shareholders is the judicial SuggestionsIn this paper, The author tells the story of the concept and characteristics of capital first, then introduces the world several main types of capital system, finally introduces the capital system of our country. Finally, I elaborated the concept and constitutive requirements of flight of capital contribution and the related concepts of difference, to further deepen the understanding of smoke escape capital contribution.Second chapter take the combination of theory and practice are introduced. In the former part of the article, the author according to the judicial interpretation of some rules, and query some cases, from the cases selected typical cases about specific forms of smoke escape capital contribution. the second part theoretically that put forward some opinions about the smoke escape capital contribution, from the aspects of subject, subjective aspect, object and objective analysised.The third chapter focuses on flight of capital contribution shareholders and the company, other lawful civil legal relationship of the investment shareholders and creditors, and the nature of civil liability and responsibility.The fourth chapter proposed some suggestion to perfect shareholder smoke escape capital contribution shall bear civil liability. Analyzes the smoke escape capital contribution the lack of civil liability, including the civil liability system is not sound, civil liability type is unknown, and lack of effective relief way. Finally according to these puts forward some improvement opinions...