Based On The Company’s Capital Subscribed Under The System Of Creditor Protection System Research

As the core content of corporate law, the company capital system is in the focus of the reform of company law. At the end of2013, the standing committee of the National People’s Congress voted through a fixed resolution, the company law of our country present legal system of company capital system and company registration management system has carried on the bold reform, in the form of legislation to establish the system of our country company law on the characteristic of the capital subscribed.Company capital system as balance the rights of shareholders, creditors and social public welfare of leverage, the historic reform of the existing capital system in China, and further relax at the same time the company capital system, the protection of company creditors will face a historic challenge. Especially in our country is not an effective creditor benefit protection mechanism, and the test of reform of the system to meet new capital, but also as a long.In this paper, using the research methods such as analysis, induction, comparison of company capital system, and the meaning of the creditor protection mechanism, in combination with the history process of the formation of subscribed capital system in China and the specific content, this paper expounds the change of legislation of creditor protection concept, and in our country at present, creditor protection system on the basis of analyzing the subscribed capital system under the influence of the debt to the creditor protection, and then summarizes the subscribed capital system of the defects of the system of creditor protection, finally combining with the developed countries of the creditor benefit protection effective experience, subscribed to our company capital system put forward some Suggestions to improve the system of creditor protection.The full text in addition to the summary and conclusion, is divided into four parts: the first part, expounds the basic concept of the corporate capital system and creditors; The second part,"subscribed capital system" legislative situation in China, analyses the legislation idea of change; The third part, the subscribed capital system in China and the creditor benefit protection system analysis and research, summarized the defects of the system of our country existing; The fourth part, the current capital subscribed for reference of the creditor protection system and perfect, in order to under the system of company capital subscribed, draw lessons from the historical experience of developed countries constantly improve the company creditor protection system.