The Research On Company Law Protection Of Creditor Under The Asset Credit

To encourage new initiatives, stimulate the development of economy, but also to reduce government intervention, pay attention to the role of the market, our country has carried on the modification to the company law in 2013, and it doesn’t limit the registered capital, investment form, investment period and so on, our company credit has also changed, although the change is of great significance, but at the same time we should also see that the new "company law" has some shortcomings in the protection of creditors, therefore, the author puts forward some proposals to protect creditors from the angle of corporate law on the basis of the current company credit,and the text part mainly includes five parts in this paperThe first part of this paper introduces the company’s credit basis.The company’s credit has capital credit and asset credit, capital credit values the company’s capital, it thinks company’s capital has a vital role in a company’s external credibility. The company law which attaches great importance to the capital credit mainly protects the interests of creditors by three principles of capital which limit formation, maintenance and exit of capital.Asset credit attaches great importance to the company’s assets, and The company’s ability to pay off the debt is closely related to the asset, the number of the company’s property can decide whether the company can fully pay off debt, so the credit is based on assets of the company.The second part briefly introduces the company creditor protection, firstly, it introduces the concept, classification and status of the company creditor, secondly, it introduces the reason for protection of creditors in company law, finally, it introduces the background of creditor protection system.The third part analyzes the current status and problems of protection of creditors, so that we can put forward the corresponding suggestion according to the specific problem.The fourth part introduces the legislation of the United States and Japan, the author hope perfect our country’s relevant law through studying the legislation of the two countries.The laws of the United States protect creditors through knowing the information, monitoring the flow of the asset, as well as requiring directors and shareholders bear the responsibility.The laws of Japan protect the creditors by ensuring the company’s sufficient asset,the liability of directors and shareholders, and ensuring creditors participate in corporate governance.The fifth part is about how to perfect our country ‘s company law and puts forward concrete suggestions on the protection of creditors.Firstly, should build a system of creditor’s right to know, secondly, determine the director’s liability to the company creditors, thirdly, should stipulate shareholder’s capital contribution obligations reach deadline in advance under certain condition, fourthly, should stipulate the program of urging pay the capital contribution, fifthly, perfect the personality negation system.