Discussion On Company Creditors’ Interests Protection Under Our Company Capital System

The Company Capital System is in the core position of the Company Law. With changes in Company Law in2013, the company capital system in China has experienced from the legal capital system changes to the authorized capital system. Company capital system is closely related to the interests of the creditors protection, is one of the main goals of the interests of the creditors in Company Law. While the reform also has a certain impact on the company creditor benefit protection, the company creditor benefit protection faced with new challenges. From the major reform of capital system, I tries to explore the creditor benefit protection and interactive relationship of capital system, explores the current corporate capital system reform situation, the improvement of the system of creditors maintenance related measures.There are four parts in this text:The first part of the article is mainly about the general introduction of the reform of company capital system in China, including reform the reform of company capital system in China and its influence to the creditor benefit protection.The second part is mainly on the review of the company creditor benefit protection system. First analysis from the related regulations of the company law legislation present situation of the company creditor benefit protection system in our country, and combining the practice of the defects of the system of the company creditor benefit protection in China is put forward, and then analysis from five different angles out our country present stage of company capital system is unable to get the effective protection of the interests of creditors.The third part mainly introduces the company creditor benefit protection under the authorized capital system of extraterritorial legislation. In the United States as the representative countries of Anglo-American law system adopt authorized capital system. Firstly, we analyze the formation of the authorized capital system in the United States, the United States has a good legal environment and market environment that provides conditions for the application of the authorized capital system, relevant system to make up for the lack of authorized capital system of the creditor benefit protection. Then we analyze the company creditor benefit protection system under the authorized capital system of Anglo-American law system, which using "the corporate veil" and the principle of company capital enrich to protect the interests of the creditors. Expectations of foreign related system analysis can be drawn lessons from to find the place.The fourth part shows my views about the creditor benefit protection based on the Capital System reform. Mainly in three aspects put forward my own suggestions:Clear shareholders’ capital contribution obligation and responsibility and establish credit mechanism for company creditors trade safety of judgment in advance. Improve the company’s financial accounting system, establishing information disclosure platform. Clear the responsibility of the company executives make creditors objective monitoring of creditor’s rights debt continues to stage the company’s financial and operating conditions; Finally through the corporate personality denial system and the judicial relief in order to finish the last safeguard for the interests of the creditors. Hope this can help us to improve the Company Creditor Protection System in our country.