Legislative Study On The Creditor's Rights Investment

In order to protect creditor's rights and better play its effectiveness when used for capital contribution, in this paper, from the general principles of creditor's rights investment, through to the creditor's rights investment in current codes and practice case analysis, combing the creditor's rights investment of the three main legal issues, and on the comparison of the three problems, finally puts forward his Suggestions for solving the problem of creditor's rights investment. This paper is divided into four chapters:The first chapter:overview of creditor's rights investment. This paper analyzes the feasibility of creditor's rights investment is the basis of creditor's rights investment, including the advantages of creditor's rights in modern law system reform and capital on the two aspects of the influence of the creditor's rights contribution; Secondly has carried on the qualitative to creditor's rights investment, for the problem of creditor's rights investment belong to the forms of investment are illustrated, clear the range of capital contribution of creditor's rights includes to creditor's rights of the company also include to creditor's rights to a third person; Finally for our country generalizes the existing laws and regulations about the creditor's rights investment, pointed out that the current specification is more general, lack of detailed specification of creditor's rights investment problem.The second chapter:the legal problems of creditor's rights investment. Respectively in this paper combined with the creditor's rights investment dispute cases in the practice and the special features of the creditor's rights, summarized the claim of the investment, the main three legal problems:First, the contribution of species is unknown. Because there are so many types of debt, debt content are different, can't be suitable for each kind of creditor's rights investment. Therefore, for the creditor's rights types can be used for capital contribution with certain standard specification. Second, there are false creditor's rights investment. Creditor because of its content has the openness and exclusive, facing investors may use the means such as fraud, fictitious debt on the risk of a false capital contribution. Third, the creditor's rights investment in place there is a big risk. Because timing is the existence of creditor's rights, implementation is uncertain, so the creditor's rights investment can ultimately investment in place is the most important, the core problem of creditor's rights investment, is also the most relationship by investment companies and their shareholders.The third chapter:the creditor's rights investment problem in comparative law. In view of the article second part three questions, for foreign funded elements of the claim, review, guarantee system was investigated, analyzed the abroad about the forms of capital contribution of the four elements theory, forms of capital contribution of strict censorship beforehand, the investors in the creditor's rights investment guarantee system, found the object reference for our country to solve the problem.The fourth chapter:the creditor's rights investment legislation advice on legal problems. Based on the investigation to the foreign legal system and combined with the existing system in China, countermeasures are put forward on how to solve the above three questions. The first part, according to the four elements theory abroad summarizes the contribution of some elements, contain common elements and specific requirements; The second part puts forward some Suggestions how to guarantee the truthfulness of the contribution of creditor's rights, including the publication of the creditor's rights investment, evaluation, registration system; The third part puts forward to establish the guarantee system of protection of creditor's rights investment in place of the investor, including the reason for building this system, reference and concrete content...