Research On Company Creditors’ Interests Protection Under Our Company Capital System

It has become a problem of the creditors to focus on seeking the balance legal value, and to protect their legitimate rights and interests. The company is the important "cells" in the market economy. It improves the economic development and plays an important role in people’s living standards. Healthy and orderly development of the company not only has the company itself in rational and efficient operations under good organizational structure, gives full play to the role of the company, but also needs to rationalize the relationship between external creditors and itself. Thus,we can protect the creditors’ legitimate rights and interests. As an important legal norm of the market economy, "Company Law" conforms to the trend in economic and social development, constructing the economic foundation and changing itself to fit for the superstructure, to serve the economic closely.In China the company’s capital system, one function of the lawful capital system is to protect company’s creditors. As the company’s capital system reforming, the method of capital payment changes from previous capital system to registered capital payment gradually. The changing in “Company Law” does not mean that shareholders can do anything about the registered capital and its subscription or performance.Although it weakened the company’s capital system in protecting the creditors, it does not mean a decline in the overall level of creditor protection. After this reforming, the basic framework of statutory capital survives the reform. We ought to formulate follow-up measures in further amendments of “Company Law” and try to cure the defects and mistakes.Therefore, this paper companies the capital system reforming with the protection of creditors of the company to discuss this issue.