Legal Issues Of The Registered Capital Subscribed System

By the end of 2013, China’s "company law" was in the fourth amendment, its main content is to establish the registered capital subscribed system.The establishment of the registered capital subscribed system stimulated the entrepreneurial enthusiasm of investors and optimized the structure of the market economy. However, the registered capital subscribed system brings positive utility,at the same time may bring new transaction risks. At present, our task is to recognize the new problems caused by the reform, exploring the way to solve the problem and improve the supporting measures, in order to ensure the smooth implementation of the registered capital subscribed system.The article consists of the following parts:The first part is introduction, in this part, the author briefly analyzed the issue, and introduced the background of the registered capital subscribed system, In addition, the authors introduced the research ideas, research methods, innovation and deficiency. The first chapter introduces the connotation and characteristics of the registered capital subscribed system, the advantages and disadvantages brought by the reform, in addition, also analyzed the nature of the registered capital subscribed system. The second chapter discusses the problem of company defective capital contribution under the background of the registered capital subscribed system. The amendment canceled the restrictive provisions of the minimum amount of capital when set up a company. This chapter discusses how to define the shareholders or promoters’ defective capital contribution obligations, and analysis the rationality of this system. The third chapter discusses during the period of the normal operation, the company do not bankrupt or dissolve,but is unable to repay the debt, whether the shareholder’s investment obligation can advance or not. The fourth chapter researches on how to apply the system of piercing the corporate veil under the background of the registered capital subscribed system. Otherwise, put forward the solutions, in order to perfect the system of piercing the corporate veil. The last chapter, the author put forward to establish the credit information publicity system and the perfection of criminal law to ensure the smooth implementation of the registered capital subscribed system.On the basis of in-depth study, this paper draws the following conclusions:Years 2013 "company law" amendment is a significant reform of company capital system. This change truly conducive to stimulate the investment enthusiasm、active market economy,and optimize the market structure of our country. But the reform of company capital system should conform to the trend of the times, Besides the reform need to consider the interaction and coordination with other relevant systems. Therefore, the administrative organs need to build enterprise credit information publicity system into consideration, the legislature also need to perfect the related system considerations of company law, judicial authorities also need to consider the introduction of relevant judicial interpretation, in order to better balance the interest between the company, shareholders and creditors, to ensure the smooth implementation of the registered capital subscribed system.