Research On Shareholders’ Capital Contribution Responsibility Of Subscribed System From The Creditor Protection

The company registered capital system occupies very important position in the company law, Company registered capital system is mainly in order to protect the rights and interests of creditors, maintain between enterprises transaction security, strengthening national regulation of the enterprise. After a long period of practice has proved that the system is more and more unsuitable for the development of market economy, to protect the interests of creditors is not significant. Also adds to the cost of setting up company, restrain the vitality of market economy, the protection of shareholders and the company lack of strength. In December 2013, The Company Law of China about the company capital system has been modified. The reform is of great significance in encouraging investment and promoting economic development. However, because the current legal system of creditor protection is not perfect, it is easily to lead to amend the company’s capital regime after the interests of creditors have been infringed. Therefore, after the reformation of the capital system, it is very important to establish the supporting systems to protect the creditors of the company. This paper introduces the history of the reform of China’s capital system, capital system changes and the company creditor protection is discussed, proposes the deletion of creditor protection system of our current capital system, from the legal system America creditor protection, puts forward our country the capital system reform, perfects the company creditor protection system suggestion.The first part of the article mainly analyzes the capital and the relationship between the company creditor protection system reform, the actual state of legislation in the creditor benefit protection system and subscribed to the impact on the creditor benefit protection. The second part analyzes related problems about Shareholders’ capital contribution responsibility mechanism under the reform of the company’s capital system from three aspects. The third part puts forward how to perfect the shareholder capital contribution. About investment reminder mechanism, the burden of proof and the standard of proof, and proposed legal norms of judicial application to the “Accelerate the maturity”. In the final concluding section I summarize the whole paper’s contents.