Study On Present Situation And Improving Of Capital System Reform In Company Law

Company Law experienced a big reform in2014. This reform is an important measure for wholly deepening the capital system reform in China, which influences a series of reform of the system such as the commercial registration. This thesis bases on the background of the capital system reform, mainly studies on the current situation of this reform and put forward some improvement suggestions according to this reform of Company Law.In this thesis, the first part mainly introduces the concept and types of company capital system, defining the company capital system of Company Law of the People’s Republic of China as the object of this thesis. At the same time, several kinds of capital systems are separately discussed by different characteristics, including the legal capital system、the authorized capital system and the compromise capital system.The second part mainly analyzes the company capital system through its development history in China. Our country has experienced the strict legal capital system period and compromise capital system period, and this reform of this time is more close to the authorized capital system. This change process reflects the trend of amelioration of the company capital system in China.The third part focuses on exploring the current status of the company capital system reform in China. The main content of this reform lies in the changes from the old "paid in system" into the new "subscription capital system" instead, and the abolishment of the "lowest limitation of the registration capital". These changes have radically reduced the threshold of setting up a company, which better allow the company to enrich capital and improve the utilization efficiency of the financial funds according to their business situations. On the other hand, in order to offer better protection to the creditors, the mechanism of publicity of the creditor protection is stipulated in current system, namely make company financial status of the public available to the society through the establishment of system of corporate annual reports and information publicity system. All these measures above shows that the corporate capital system reform is to strengthen the freedom of entrepreneurship and the company’s business, to push forward the company transforming from the capital credit to assets credit, and to get some changes in the function of administrative regulations. The fourth part researches the problems existing in the current company capital system in China based on the goals and purposes of this reform. For the company itself, it is obviously restricted to develop by the limitation of contribution form, which hinders the company to make full use of capital. In the meantime, the influences to the creditors’ protection by this reform also cannot be ignored, in which may exist the risks of publication of false information and the unreal shareholders’ capital contribution. What’s more, the now existing mechanism of publicity of the creditor protection also has some shortcomings and limitations.The fifth part gives some advices to the problems mentioned above. First of all, relax the limitation on the contribution form in a proper rage. Secondly, perfect the existing mechanism of creditors’ protection of "publicity protection", the judicial protection, and the construction of a systematic creditors’ protection mechanism. Finally, improve the strength and validity of administrative supervision starting from the integration of supervision and the improvement of the supervision system.