Perfection Of The System To Protect The Interests Of Creditors

With the rapid development of market economy, the company’s financing more diverse ways. Corporate bond issuance not only provides a new channel for corporation financing, infuse new power for the development of the whole financial market. Therefore, shareholders and creditors are playing a very important role in the development of the company, the two industry is becoming more and more balanced. Can say, no creditors, no company. However, bondholders position on the rise, and the protection of the interests of the relevant legal failed to synchronized sound, which not only buried the hidden trouble to the protection of the interests of creditors, but also hindered the harmonious development of the bond market healthy, orderly. In this paper, based on the protection of the interests of bondholders the status and defects, and puts forward suggestions related to the design of the system. Besides the preface, four chapters.The first chapter of corporate bonds and corporate bonds creditors for the overall interpretation theory. Separately from the concept of corporate debt and issuing system starting, then leads to an overview of corporate bonds creditors, which clearly defined, related to the nature of the problem. The following discussion on existing theoretical foundation to protect the interests of creditors of the company’s debt, laying the groundwork for the following. The second chapter discusses the foreign debt system is to protect the interests of creditors, the investigation. The western countries are two kinds of creditor protection mode of corporate bonds creditors meeting mode and corporate bonds trust mode. The third chapter mainly introduces the current legal status of Chinese to protect our interests of creditors of the company of all problems, so that the general benefit protection system of creditors of the company’s main class--bondholders have protective effect. The fourth chapter is the author in view of the current situation of the protection of creditors’ company of our country perfect proposal of the system, first of all start from the assumption of perfect bond contract, and then separately from the general protection and special protection two aspects to propose the corresponding measures to improve corporate creditors protection system.