Legal Studies On The Creditor’s Rights Investment

With the development of economy and the progress of law, credit subscribed capital is accepted at the legislative level, and it is also often seen at the judicial level, which becomes the "new normality" of company’s capital composition. Credit subscribed capital includes investor’s investment through his creditor’s rights to the company and investor’s investment through his creditor’s rights to the third party. "Measures for the administration of registration of the registered capital of the company" implemented in 2014 is the newest specification about credit subscribed capital. And article 7 is the special specification for credit subscribed capital.In the meantime, a series of legal issues about credit subscribed capital are controversial. However, the property right attribute of creditor’s rights is widely recognized and is the mainstream. Based on the offset system and assignment system of debt, credit subscribed capital has a solid legal basis, and the eligibility and feasibility of it are also strengthened. But the special property of creditor’s rights themselves decides that there are legal risks when they are used as a form of investment. Check the creditor’s rights theoretically, and study detailed typical case, then arrange the development process of legislation for credit subscribed capital in our country, comparing the advantages and disadvantages in the process of credit subscribed capital legislation and practice in our county with other countries, digging deeper to find the possible legal risks in credit subscribed capital and make a comprehensive conclusion of the prevention and control methods for credit subscribed capital’s legal risks.