Research On The Protection Of Trading Counterparfs Interests Under The New Company Capital System

Capital system is the core of the company law system, has important significance for protecting trading counterpart. The traditional company law strictly implement the three principles of the company capital in our country, with a special focus on protecting the trading counterpart’s interests and the security of transactions. With the new 《 Company Law of the People’s Republic of China 》 has been implemented in 2014,the company capital system has been changed from the paid-in capital system to the subscription capital system. However, the current corporate capital system has giving investors and companies a great deal of autonomy and freedom, but do not has well-developed support system for the protection of the trading partners, which gives too much emphasis on improving the efficiency of capital circulation,hits the three principles of the company capital seriously, makes it difficult to predict the relative trading company credit status, brings enormous risks to the benefit of creditors. leading to unbalanced protection of the corporation, the shareholders and trading counterpart, broughting huge risks to trading counterpart, which is not conducive to the transaction security. Therefore, under the current corporate capital system, We should set up a series of supporting system to protect the trading counterpart’s interests promptly, such as strengthening warranty obligations of capital contribution among the company’s shareholders, buliding jointly and severally liable system for equity transfer of no contribution paid shareholder, buliding strictly system of limiting the reduction of company capital, liability system of directors, supervisors and senior executives under the subscription capital system ect,to strengthening the protection of the trading counterpart’s interests and make our current company law to better promote the healthy development of the market economy.