Subscribed Capital System Of The Creditor Benefit Protection Research

Company is now the subject of social market economy, plays an important role in the market operation.In order to make the company operate under the good environment, our country related to the company under constant revision and perfection of legislation, the company law of 2013, China’s system of the company’s registered capital by the actually paid capital system is modified to subscribed capital system, the move is a major reform in the company’s registered capital system of our country, the system of registered capital subscribed capital system, is a sign of the state shall encourage investment, greatly stimulated the enthusiasm of the business, increase the vitality of the market.Under the subscribed capital system, the type of company, type more, investors are also more optional, investors may establish, development through investment companies to reap benefits, and in the profit at the same time, investors can assume the identity of the shareholder limited liability minimize their investment risk, but the company’s creditors bear great risk.Under the actually paid capital system, the interest of creditor protection is lacking, and now the lack of the guarantee function of registered capital subscribed capital system, how to protect the interests of the creditors is a problem worthy to be discussed.Registered capital system of our country’s development, in turn, is the registered capital, the registered capital paid in system and the system of registered capital subscribed phase, this also reflects the market economy in our country in line with the world, in the new "company law" to reform system of registered capital, the registered capital of the China’s current system of the model is not the international general legal capital system, authorized capital system and compromise capital system, but based on the situation of our country’s registered capital system of authorized capital system characteristics.Due to capital in the economic market system gradually lost to the creditor benefit protection function, the phenomenon such as false capital contribution, smoke escape capital contribution, the trading order is damaged, and implements the subscribed capital system is not only a system with international capital market, but also promote the transformation of government function, improve the level of credit, capital credit to assets credit.But due to the subscribed capital system in our country the time is shorter, many with the implementation of the system is not established, cause there are some problems in reality, especially to protect the interests of the creditor of the problems to be urgently solved.Under this system, the creditor’s right to know to protect face difficulties, bear the risk of false information, the company’s assets is sufficient to guarantee, realize creditor’s rights of cost increase, therefore, I think that can improve the system of information disclosure system and the credit of the public, improve the legal person personality denial system, solve the capital contribution of shareholders, as the key to improve the corporate governance mechanism, the limited company profit distribution, clear directors responsibility for creditors bear is complementary, improve the company creditor benefit protection mechanism.In a word, practice the subscribed capital system is in conformity with the development trend of the market economy, we need to conform to the trend and actively exploit the advantages of the system, find out the shortcomings in practice, through draw lessons from foreign mature system and according to their own actual situation in our country, establishing perfect mechanism to protect the interests of the creditors.