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The Analysis Of The Value Orientation Of The Company Capital System

Posted on:2016-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2296330479488413Subject:Law
Abstract/Summary:PDF Full Text Request
If a company want to operate and develop, it can not ensure the material without capital, the company capital play a key role in security company, and it is very important for interests of shareholders and creditors related. And the operation flow of capital from the side also reflects the vitality of the market situation.It is because of the important role of corporate capital. In the world the study of company capital system never stopped, it has been designed and has formed the legal capital system, authorized capital system and compromise capital system three capital system. Through the specific rules of company law countries reflect their theory of corporate capital system, and behind the theory of company capital system it has its value guidance,under its value guidance the company capital system’s purpose is clear, it is further performance in their specific rules on the design of company law.The value of company capital system including safety value and efficiency value, the choice of the company to pursue profit maximization is dependent on the efficiency, but to protect the interests of creditors also cannot ignore safety value, there is a conflict in safety value and efficiency value in a certain extent, and in the field of commercial law, the basic value orientation is priority to efficiency and due consideration to safety, under the guidance of the value orientation, this article will review from the view of safety and efficiency through the three company capital systems,to compare the selections of different countries in company capital system for safety and efficiency, to argue the view that efficiency is the center with the safety value is the most desirable.The first part of this article is focus on the company capital system from the aspects of theory of legal value. Including the state of legal value ideas of the safety and efficiency in detail, and conflicts of the value of security and efficiency performance, from the conflict of the two comparison to prove efficiency value is more important than safety value. For three kinds of company capital system of legal value comparing the history and reality. Every kind of company capital system’s choice of legal value is not exactly the same, this part discusses the different capital system for safety and efficiency value of the specific form of expression is different.The second part turn into empirical research, the shareholders’ capital contribution and company capital changing rules in the two aspects of safety and efficiency is the emphasis on the value of comparative analysis. Including the conflicts of the value of efficiency and safety of specific performance, in a variety of company capital system mode and the specific arrangement of the object, through the analysis of the historical evolution of different countries specific capital rules, it is concluded that all countries tend to the efficiency value.In today’s commodity economy highly developed market economy, the pursuit of efficiency is becoming more and more important, should be on the premise of ensure safety greatly improve the efficiency of capital.The third part is focus on the analysis of the value of efficiency in China’s newly revised company law, through the first two parts of the argument,we can see China can continue to advance to the efficiency value, so I put forward concrete suggestions to further realization of the efficiency value, and puts forward suggestions continue to strengthen the construction of security system, to achieve the efficiency as the center, with orientation of both security, in order to promote the improvement of the system of company capital.
Keywords/Search Tags:company capital, safety, efficiency, value
PDF Full Text Request
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