Study On Company Creditors’ Interests Protection Under Subscription System

As one of the important participants in the company,The protection of The company creditors is play an very important role to the stability of the market and to the company’s operation and development.The company law in our country also make clear a regulation to protect the interests of creditors,and uses a variety of system mainly reflects on the company capital system.As one of the important system of company law,company capital system is the important content of the reform of the “company law”in China.Turn over the history of the company law,we can see that,as the mainstay of creditor benefit protection,the company capital system plays an important role in the company creditor benefit protection.In 2013,the newly revised the company law to abolish the minimum registered capital system,will be contributed system into now subscribed to the original system,and simplify the related company of the registered items.The establishment of the system fully subscribed to by the scholar thinks, this a series of changes in all impact on the creditors of the original company law has been formed under the protection of related system, its for creditor protection credit basis, principles and concrete system designs, has a huge impact. But the author thinks that the change of the "company law", didn’t have a material impact on the company capital system, the current corporate capital system still belongs to the legal capital system. There is no denying that,however,the company capital system changed to cancel the minimum registered capital system,for the duration of the shareholder’s capital contribution nor the time limit,and cancel the mandatory verification,this makes the shareholder pay the behavior can only be confirmed by other shareholders,which could lead to shareholders abuse their contribution for the autonomous rights,further,may be an influence to the company creditor benefit protection.In view of this,this article will use the new “company law”to establish the system of creditor protection,further to explore new approach of protection of creditors,to achieve reunification of the company transaction safety and efficiency.