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On The Reform Of The Capital System Of Our Country

Posted on:2016-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2296330470968529Subject:Law
Abstract/Summary:PDF Full Text Request
2013 in December 28th, the twelfth session of the sixth meeting of the NPC S tanding Committee passed the "company law" provisions on amending. The revised "company law" has been officially implemented in March 1,2014.2014 "company law" capital system reform, the "company law" and the judicial referee gave a new challenge, the practice of reform, a conservative way of gover nance does not mean has been on China’s capital market development has provid ed effective governance space, too that is to say, "company law" after the reform o f company capital system still be perfected, such as "company law" and relevant I aws and regulations, the lack of the responsibility of compensation law, the lack of personal credit system, the risk of problems such as asymmetry of assets bring to the creditor. Therefore, the urgent need for the company capital system in-depth st udy, according to the short comings of existing theory and the analysis on the laws and regulations, and analyzes some problems occurred in practice. The judicial le gislation and practices are provided.The reform of the article is divided into four parts to study the corporate capita I system. The first part is an overview of the capital system of the company, includ ing the company’s capital and capital system of meaning, and three principles of c orporate capital. The second part analyzes the legal issues related to the capital sy stem of the company, including the "provisions of the main content on the reform of the system of company capital in company lawand law". With lower barriers to e ntry, the emergence of the "one company", and promote theestablishment of a larg e number of small and medium-sized enterprises, the expansion of employment, to provide effective help to solve the employment problem, and stimulate the vitality of the market, promote the sustainable development of economy. The third part of t he case analysis of the existing reform of company capital system in our country t he problem. The main "company law" and relevant laws and regulations, the lack o f the responsibility of compensation of the applicable law, the lack of personal credi t system, the problems of asymmetric risk assets bring to the creditor. The fourth p art is to improve our capital system suggestion. As soon as possible to improve th e relevant supporting systems, and the registered capital of the company creditors clear liability and share holder responsibility, establish a comprehensive information system, To protect the legal rights and interests of the creditors and other measure s to improve the company’s capital system.
Keywords/Search Tags:company law, company capital, capital system, creditor protection
PDF Full Text Request
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