Research On The Protection Of The Creditor's Rights And Interests Under The System Of Registered Capital

In 2013 the the people's Republic of China Company Law(hereinafter referred to as the company law)in waste in addition to the registered capital paid up system and the subscription system marks in our country,the capital credit to assets credit conversion,the reform is a great progress.But the author thinks,in the reform and can't forget.Theprotection of the rights and interests of the relevant personnel,because there are shareholders of limited liability is the essence of the system of the copany,but also the survival of the cornerstone,from the legal approval of shareholders limited liability can see: in the modern company law focuses on the protection of the rights and interests of the shareholders,and the creditors of the company interests are relegated to a secondary position.But our country this revised "company law" has manifested the commercial law transaction convenient principle,but has neglected the transaction security principle.The data by statistics,read a lot of information and found that the "company law" revised company set up a simple,but creditors want to protect their own interests through a variety of ways less chance,in reality,many small loan company is the paper company established by public judicial loopholes,absorb public funds then donate to escape,this phenomenon It is often seen.in recent years,the creditors' interests are not protected under the condition of the banner,gathered in protest way requires the government responsible,if the company claims of human rights protection can not only improve the world,citizens' trust in the law,you can also protect the social stability.In this paper,in the second chapter briefly introduces the system of registered capital subscribed for implementation of the background and content,the registered capital subscribed complied with the market changes,helps to stimulate the market vitality,but also should see,at present the system to protect the interests of creditors is still lacking,the interests of the creditors have not for a long time,the market will become chaotic.The third chapter is the registered capital subscribed after implementation,capital credit to assets credit transformation,transformation of shareholder meeting center doctrine to the board of directors center doctrine under the major premise of the problems are analyzed.First,on which the creditors shall be investigated for shareholders of personal responsibility as a legal person personality denial system after the abolition of the minimum amount of registered capital,is more difficult,the requirement of the judge is also higher;Second,the increase in the influence of directors on the company's business,the company's assets is larger,the influence of the company's assets directly affect the realization of the rights of the creditors,the current law has not stipulated the director because of the improper behavior resulting in the loss of the company's assets to creditors bear the responsibility,based on fickle kinds,director,he made the decision easy to ignore the interests of the creditors.Third,the credit system construction of our country is still at the early stage,both in terms of laws and regulations or the relevant practice of credit system,there are big holes.In the fourth chapter of this article,in view of the third chapter,the author of outside under different legislative system analyses and compares the relevant systems,one of the relatively mature system,is worth our using for reference.In the fifth chapter,the author thought that should be from the market main body,legal norms,and the system construction and put forward should strengthen the comprehensive understanding of the market main body to the registered capital system,refinement and improvement of judicial practice to apply the legal person personality denial and the directors' duty of faith rules to protect the interests of the creditors of regulations,improve the social credit system construction,in the end,through many departments,protect the interests of creditors.This can make the market healthy and orderly development.Innovation of this paper lies in: from the Angle of analysis and comparison for similar capital system of our country legal person personality denial system and creditors' rights and interests of the relationship between the comb,safeguard the rights and interests of creditors to perfect the legal person personality denial system is an important part of conclusions;In combination with the laws and regulations,part of the company's actual data,and the author himself the experience of using the national enterprise credit information publicity system,public information to discuss the company whether meet the creditors' right to know;Should strengthen the supervision of administrative and civil,administrative,criminal law shall be ordered cohesion so as to perfect the protection of company creditors' rights and interests.