Study Of Creditor Protection Under The Companies’ Capital System Reform

December 28, 2013, the NPC Standing Committee issued a newly revised "Company Law" and introduced with effect from 1 March 2014, modify the "Company Law" mainly around the system to expand the company’s capital, for our company has capital system modifications strides. Along with this new "Company Law" publication and implementation of the past to change the statutory capital system subscribed capital system for improving the efficiency of financing and the establishment of commercial subject, encouraging entrepreneurship and the creation of a free and active market sentiment played a catalytic role. However, amendments to the capital system hasfailed to attract the "Company Law" to improve legislation on the protection of creditors of the company, in our country to get rid of credit capital deification in favor of the gradual establishment of credit assets on the road a big step,but for resultinginstitutional refinement creditor protection did not follow up.Therefore, this article is based on the background of the capital regime change "Company Law", starting from the capital, with the aim to protect the interests of creditors of the company to explore the system to further improve and refine the related systems.This paper is divided into four parts:The first part describes the change history of corporate capital system in our country as well as on the protection of creditors, including the establishment of the Companies Act1993 since the beginning of the third modification process for the company’s capital system change, and changes in social, economic, corporate background law theoryi nnovation. It describes the protection of the interests of creditors for the company due to the impact of changes in the company’s capital function caused.The second part describes the theoretical basis of current legislation and the protectionof creditors of the company, from the value of the company, changes in the interests ofthe company and the balance value of the existence of three discusses the theoreticalbasis for the protection of creditors of the company, but also with China "Company Law" specific provisions, sorting out the specific system of company law for the protection ofcreditors of the basic content.The third section presents our company law inadequate creditor protection systemsurviving, mainly from the company’s capital system, the company’sinformation disclosure system and disregard of corporate personality system proposed three aspects of the existing problems.The fourth part on the issues raised, binding studies over the years to protect the interests of creditors of the company system, put forward proposals to improve the legislation, in order for our company creditor protection system to be refined andimproved.