A Report On Perfection Under Our Current Corporate Capital System Mechanism To Protect The Interests Of Creditors

In 2013,China's "Company Law" has made important changes,this change reflects the significant changes in China's capital system,marking China's corporate law has entered a new historical stage.The revision of the Company Law is not only a reflection of the development path of the world market,but also a significant increase in the degree of economic development,such as the abolition of China's market capital controls,relaxation of market access conditions Have played a positive role in the development of China's market economy.However,as the reform of the capital system of the company is almost completed in the company law theory has not yet fully foreseen circumstances,which makes our company law in theory and practice are faced with many new difficult to solve the problem.One of the core objectives of the Company Law is to protect the interests of creditors.Therefore,how to ensure the best and most effective protection of the interests of creditors under the new company system will be one of the most urgent problems to be solved.This article will start from the current capital system reform,from four aspects of how to improve the reform of the creditor protection system.This paper is divided into four parts.The first part mainly introduces the related concepts of our country's capital system and the influence of the reformed corporate capital system on the protection of the creditor's interests.This part gives a general introduction to the reform of China's capital system,analyzes the content of the capital system reform,and expounds how the current capital system changes in the legislative idea,including how the capital credit is transformed into asset credit and our legislation And then discusses in detail whether the reformed capital system still belongs to the legal capital system where the old company law is located.At the end of this part,the author points out the influence of the new company law on the creditor protection system.In the second part,it elaborates the defects of the legislation of the protection of the creditor's interests in the present corporate capital system and the causes of these defects.This part mainly analyzes the inevitability of the current legislation of the company's capital system,such as the incomplete credit mechanism of the company,the failure to establish the right of the shareholders,the reform of the reform and the nature of the reform,which is described in the first part.The mechanism of capital contribution,the responsibilities of the directors to the shareholders and the capital reduction mechanism which can protect the interests of the creditors are not clear,and the essence is revealed through the phenomenon.Several historical reasons behind these defects are expounded,such as limited shareholders The imbalance of efficiency and security in the existing company law,and the credit value of the company law which has been weak all the time.The third part analyzes the protection of foreign creditor's interest.In this part,the author introduces some excellent systems of foreign countries in the light of the present situation of the development of our country's corporate law and the lack of the development of our country's creditors' interests.The system of capital contribution and remuneration of the common law countries and civil law countries,The procedure of capital reduction,the liability mechanism of the directors,the system of disregard of corporate personality and the credit system of foreign companies are all analyzed,so as to provide reference for the creditor protection under the current corporate capital system.The fourth part is on the basis of the above three parts summed up the current corporate capital system under the protection of creditor interests of the perfect proposal.This part is the focus of the whole thesis,which mainly corresponds to the second part of this article,and draws lessons from the excellent experience of the third part of the foreign countries,specifically analyzes my idea of perfecting the creditor protection system under the existing capital system,The improvement of creditor protection system,the improvement of creditor protection system,the improvement of creditor protection system,and the improvement of corporate credit evaluation mechanism in the aspect of liability,shareholder perfection of liability mechanism,expansion of the application scope of corporate personality denial.