Research On The Protection Of The Creditors' Interests In Non-threshold Capital Contribution System

Protection of creditors' interests as one of the legislative purpose of Company Law, valued by countries in legislation and the judicial practice. Our country's new Company Law canceled the minimum amount of the registered capital of the company and carried out subscription capital system, came into being non-threshold Capital Contribution System, and certainly to drive the adjustment about the concept and system of protecting the interests of the creditors. This article focus on how to balance the benefits between the shareholders and creditors of companies by following up supporting measures of protecting the interests of the creditors, on the basis of analyzing the present situation of the protection of the creditors' interests and it's shortcomings in non-threshold Capital Contribution System, and through perfecting the legislation, enrich the judicial relief measures and strengthen the supporting regulations, to realize company's legal system coordination and effective operation.This article mainly includes four parts. The first part firstly analyzes the connotation and theoretical basis of relevant system, and then expound the non-threshold Capital Contribution System's influence to the protection of creditors' benefits to discourse analysis below basic theoretical groundwork. The second part through analysising the general situation of the protection of the creditors' interests and points out the lack of the protection of the creditors' interests in non-threshold Capital Contribution System. The third part through inspecting the main bank institution, the meetings of bondholders system and the Deep Rock Doctrine these foreign protection of creditors' benefits, to revelation that we should attach importance to the efficiency and security in the same time and make legislative presets combined with judicial remedy. The fourth chapter puts forword some suggestions of perfecting the protection of creditors' benefits,includes perfect the provisions of the shareholders' investment period,set up the publicity system of company's credit and information, bring in the Deep Rock Doctrine and strengthen the functions of the meetings of bondholders system and so on.