Study On The Creditor Protection From The Perspective Of The Reform Of Company Capital System

The independent personality of the company and shareholders of limited liability establishes the status of corporation as a commercial organization, only shareholders with their own investment limited liability. However, the management risk of the company did not go away because of shareholders of limited liability.On the contrary, it has been transferred to the creditors, based on the imbalance of interests between shareholders and creditors, scholars of continental law founded to the three principles of capital as the basis of legal capital system. But with the passage of time, many countries had abandoned the legal capital system, turn and learn the authorized capital system. Our country also in 2013 on the modification of a series of capital system formed a more relaxed environment on the establishment of company.But the protection of the creditors system has been hit. How to improve the protection of the creditors of the company's new problems in this paper will be elaborated on this issue from four aspects.The first part discusses the corporate capital system and the protection of creditors.And then it discusses the importance of capital system in the protection of creditors through to the creditor's rights defined the importance of protection of creditors, company capital system function and the protection of creditors.Our company capital system in the second part, this article discusses the evolution of impact on the protection of creditors, from the development of legislation of the capital system and the concept of development, China's 2013 reform background discussion view, it indicates that the evolution of company capital system in our country. And under this premise, putting forward the reform of the system of capital after China's creditor protection encountered new challenges, followed by the analysis of the problem.The third part discusses the choice of the protection of the creditors under the three different capital system. The article discusses the protection of the creditors in Germany, Japan, the United States and the United Kingdom respectively, in order to provide reference for later use.The fourth part discusses the perfection of creditor protection system in our country, on the basis of foreign legislation for reference, it discusses respectively from the view ofperfection of the capital function of security measures, perfect personality denial system and information disclosure.