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The Company Capital System Of Our Country And The Perfection Of

Posted on:2015-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2296330422488939Subject:Law
Abstract/Summary:PDF Full Text Request
Company capital system is the core of modern corporate legal system, it is able toobtain legal personality of the company foundation。The company has become amodern market players, it is inseparable from the company capital system giving itlegal personality。Modern corporate capital system includes three modes: statutorycapital system, authorized capital system, eclectic capital system。Formation and thecreation of the company’s capital system is needed theoretical basis, based on thetheoretical basis of which it is the "capital of the three principles" that determine thecapital, capital maintenance, capital unchanged。Generate and apply "three principlesof capital" theory is that in order to safeguard the interests of the company and thecompany’s creditors, the deeper it is to protect the overall market order。The pursuit ofsuch a profound impact on the value to the value-oriented legislation, legislation inconsidering the fairness, safety, efficiency, and weigh factors such as value, differentemphases also created a legislative model different company capital system。At present, China is the applicable statutory capital system, which is of profoundsignificance, in the rise of our company system, the market mechanism has justformed soon, the legal system is not perfect, for market regulation is not yet in place,in this case, the applicable statutory capital system is relatively strict order to helpstabilize the market and promote the healthy development of the market。With thedevelopment of society and economy, the market system to begin the transition, whenthe statutory capital system are gradually exposed its drawbacks, and thetransformation of China’s current economic system is somewhat incompatible obvious,therefore, in2005China promulgated new "Company Law" to the appropriate systemto make adjustments, and this year it announced a new round of reform programs toimprove and supplement to make our company capital system, to better adapt to China’s future economic trends, as China’s market economy stable and orderlyoperation to provide protection。This paper adopts a comprehensive and comparative analysis of researchmethods。Through the company’s capital and Implications of Corporate CapitalSystem, then through the company’s capital value orientation of the legislation system,the basic principles of analysis, corporate capital system has three majorcharacteristics of each model, combined with our current economic situation, toanalyze our the future trend of corporate capital system, and the system of the existingproblems of capital to make a few perfect suggestions。Addition to the introductionand conclusion, is divided into five parts:The first part, about the company capitaland capital value of the meaning and significance of existence, the company’s capitalsystem has a specific framework for understanding;The second part of the system byanalyzing the legislative capital values, to understand the company’s capital regimepenetration values of legislators, and corporate capital system the role of a progressivelevel of understanding; The third part analyzes the legislative capital regimefundamental principles of the three principles of corporate capital system in depthanswers, which a deep understanding of corporate capital system;The fourth part ofthe company’s capital three horizontal comparison system characteristics and theiradvantages and disadvantages, and the capital of China’s current system of analysis toexplore possible changes in the pattern and direction;The fifth part of the currentsystem of corporate capital of some deficiencies perfect spot to make somesuggestions.
Keywords/Search Tags:company capital, company capital system, Three principles of capital, Statutory capital system
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