Creditors’ Interest Protection Research Under Company Capital Subscription System

The company capital system is the core content of company law,while the conflict of interest between shareholders and creditors has always run through the company establishment, change, development and termination of any period,so the balance of interests between them is closely related with the change of the company capital system.Since the company law of our country enacted and implemented,the interests of creditors guaranteed by the strict legal capital system.But with the prosperous development of the market economy,the old system hindered the vigorous development of the company.On March 1, 2014,The company law of the People’s Republic of China formally enacted,the reform focusing on abolishing the minimum registered capital and accomplishing System of registered capital subscribed,also abolished Compulsory verification system,reduction of company capital no longer limited,etc.Overturned thoroughly the basic theory of corporate capital system,reduced the company’s market access threshold,balanced the interests of company autonomy and government regulation, stimulated the enthusiasm of the investors all the more.However,under the strict legal capital system excessively be dependent on”capital myth”,creditors are completely rely on the company’s capital market risk judgment also.After the reform of”capital myth”already does not exist,missed the company credit system further collapse.Moreover,the creditor benefit protection defects which the company legal person personality denial is not sound,the directors’ duty of faith obligations is not clear and the creditors of the company’s assets supervision difficulty have protruded out already.How to promote the beneficial,the thesis based on the analysis on system of company capital contributed has affirmed the positive impact of Subscribed system,Furthermore,the thesis analyzes the concept of government regulation and the company’s credit fundamental transformation make a huge impact to the creditor benefit protection.Combining with the situation of our country from the reference of common law system and continental law system,the article will build the creditor benefit protection mechanism deeply and extensively,such as establishing a good social credit system,improving the system of personality of corporate juridical person,explicit the directors’ duty of faith and participating in corporate governance.In addition,the articlewill make a feasibility of regulation from the criminal law, administrative law, civil law and rational creditors’ consciousness.Then making combination with the theory and practice to protect the interests of creditors’.