The Protection Of LLC Creditors Based On New Capital System

Following the rapid development of Chinese market economy, more and more wealth is presented through creditor’s rights. In view of the development of creditor’s rights, we can get the information of the development of the social economy at the same time. So protecting the creditors’interest is not only the requirement of maintaining the social fair, but also the requirement of the development of the social economy. As an important form of market body, the protection of the creditor’s rights of LLC should be given more attention of corporate law. But because of the reform of the company registered capital system and the absence of alternative protection system of the creditor’s rights, the protection to the creditors of LLC is weakened. Additionally, LLC not only has the character of co-personal but also enjoys limited liability, compared with else commercial organization form, the creditors’interest of LLC would be more easily infracted. Therefore, it’s necessary to explore how to protect the interest of the creditors of LLC. There are four parts in this paper.The first part mainly introduces the function of the corporation capital and the reform contents of the corporation capital system in our country. Based on the discussion, it can be seen that the protection for the corporation creditors recedes and the new protection measures should be built.The second part is analyzing the current situation of the protection of the creditors given by civil law and criminal law. We can know the shortage for protecting the creditors of LLC, and it’s obvious that corporation law should undertake the assignment of protecting the creditors’interest. Additionally, this part also points out the shortage for protecting the creditors of LLC in corporate law.The third part is mainly about the analysis of the ways for protecting the creditors of the United State and Japan. And we can acquire helpful experience about how to protect the creditors of LLC well. So there is a chance of improving the strength of protecting the interest of the creditors by means of referring the experience of protecting the creditors from America’s and Japan’s.In the fourth part, the effective measure is put forward on the basis of referring other nation’s experience of protecting the interest of the creditors and Chinese social reality.