A Study On The Improvement Of The Company Capital System Further

In 2003,our country amended the relevant content of corporate law, which involved that the capital's system changed into subscribed system from the paid-up system and abolished the limitation of the minimum registered capital system and the ratio of currency. Judging from the content, the changes focus on the relevant content of the company's capital system. It changed from the original strict statutory capital system to the relatively relaxed regulatory capital regime. The modification of the company's capital system also caused scholars to explore the theory that the company capital system in our country has already got rid of the original capital system framework and come into a new stage that it is developing into the authorized capital system or the eclectic capital system.This paper introduces the basic situation about company capital formation system and the reality of the company's capital operation system in our country by the angle of view of the abolition of capital amount, and then it compares and analyses the content of the company capital system of foreign countries with ours. Meanwhile, it interprets the essence and meaning of the company capital system in our current company law and makes a conclusion that our company law should be a relaxed statutory capital system.The paper discusses the company's capital system in the following parts: Firstly, explaining the basic content of the company's capital formation system and briefly analyzing the capital formation system which was revised; secondly, introducing the good parts in the current situation of development and the legislation of company's capital system in foreign countries, and then discussing the section that we can learn; thirdly, briefly analyzing the authorized capital system and the eclectic capital system and after combining with the situation of China, it made a conclusion that it is difficult to apply the authorized capital system or the eclectic capital system in China right now, but we can try to introduce the authorized capital system or the eclectic capital system after the commercial legislation and commercial mode becoming more perfect; fourthly, having a brief analysis about the content of the revision in the company law and proposing questions that should be improved by analyzing the pros and cons; lastly, giving some advices on improving our Company Law in the view of the company's capital formation system and provisions that is relevant to the company's capital in the company law.The practice of enforcing the company law in China has been more than ten years, lawmakers are trying to change the law gradually to find a new path for the development of company law and the company's capital formation system that fits the development of our companies in China by perfecting gradually in the practice in order to promote the perfection of our company, enhance the company's comprehensive strength and attract more investors to come to China to establish companies.