Research Of The Company Credit Legal System

The company capital system always plays a leading role in the company law and it tightly linked to the other important rules in the company law system. For a long time, we constructed our own company law system base on the idea of the capital credit in our country. However, the draft of Company law of the PRC has been examined and adopted by the sixth meeting of the Standing Committee of the National People’s Congress. It was a large modification of the capital system in the new company law, which changed several articles of the capital system, and it also was another breakthrough of the company law system in reform since 2005. One of the legislative objectives and value orientations is to change from the capital credit to the assets credit, the credit of company no longer mainly based on the capital credit, which has striking root in the hearts of people deeply for a very long time,but pay more attention to the assets credit, for protecting the trade safety and creditors. The change from the capital credit to the assets credit is one of the legislative ideals that has been reflected in the last amendment of the Company law, and the reform has made the idea more prominent this time.The first part of my paper mainly defines some related concepts of the capital system.The second part mainly expounds the reasons and grounds for the change from the capital credit to the assets credit. The third part mainly introduces the challenges that to establish the company credit which bases on the assets credit in our country. The fourth part states that how to improve the related measures and institutions of the system. The institution of the minimum registered capital has been changed largely under the idea of the capital credit, the myths of the capital credit is gradually shattering. Therefore, the change from the capital credit to the assets credit is the general trend under the new company law. At the same time, it is more important to establish the relevant system of the assets credit to protect the transaction security and creditors.