Research On The Legal Risk Prevention To The Company's Creditors Of The Creditor's Rights Investment

Under the background of asset credit,it is of great significance by creditor's rights investment to the company's establishment,operation and the capital market.Due to the particularity of creditor's rights investment,as well as the imperfection of the relevant provisions of the current law,will lead the company's creditors take an additional risk.From the study of the particularity of creditor's rights and creditor's rights investment,linking of capital contribution and the company's operating process,the author wants to analyze creditor's rights investment's legal risk to the company's creditors and the reason,and build China's legal risk prevention mechanism of creditor's rights investment,to protect the interests of creditors.According to explore the problem-analyze reasons-solve,which is divided into five parts.The first part is about the theory of creditor's rights investment.By comparing the general investment property and creditor's rights,the author summarizes that the creditor's rights investment is indirect,with larger and snugly risk.These characteristics lay the foundation for later research.The second part is about the legal risks of creditor's rights investment.By putting the implementation,procedural,authenticity of risk and the company's comprehensive into analysis,summarize the risk to the creditor's rights investment.Dominant risk for creditors such as cannot realized creditor's rights,creditor's rights before maturity.Hidden risks of creditors like diluted shareholders' equity,which also affect the company's business.The third part by sorting through the current law of our country about the rules of the creditor's rights investment risk prevention,the author thinks that the current law mainly lack of clear condition,rules of the assessment,and guarantee mechanism of creditor's rights investment,the above problems become the direction of later building risk prevention mechanism.In the fourth part the author combed the extraterritorial legislation,find reference on preventing the risks of creditor's rights investment system,including the set of creditor's rights investment condition,three different kinds of creditor's rights investment evaluation system,mandatory guarantee obligations,and freezing mechanism for the interests of the investors' equity.In the fifth part the author carry on the concrete building on the basis of theoretical analysis,studies,and the system model,build the risk prevention mechanism of creditor's rights investment in China,from the conditions,the evaluation to application.Put forward its own views and analysis for the disputed problem.