A Study On The Capital System Of The Company Law Of China

After 30 years of reform and opening up the development of the socialist market economy with Chinese characteristics,the road goes farther and farther and wider.In today's society,a country's comprehensive national strength depends mainly on the country's economic development strength,therefore,countries continue to innovate in order to achieve rapid economic growth.The company is one of the important forms of the main body of the market economy and has an irreplaceable role in the whole economy.Historical reasons,China's market economy started late,in the company's legislation and system norms,etc.is not perfect.With the deepening of economic globalization,we must reform and improve our company's capital system and international standards,so as to ensure the company's efficient use of social resources to create more value.This paper uses the empirical and historical analysis methods to review the development and reform of the corporate capital system in our country,and summarizes the current reform results and existing problems.China in 1993 promulgated the first "Company Law",initially established the capital system of capital credit philosophy and legal system,and strictly adhere to the three principles of statutory capital system.The core concept of the capital system identified as the protection of transaction security and order.Because of the limited level of legislation at that time,in the process of balancing the interests of all parties to ignore the interests of shareholders,and the interests of creditors in the first place,so there is a high registered capital,very strict capital contribution time and form of such regulations At that time the environment has a role in the management of the company but with the basic concept of business autonomy does not match.Although the 1993 Company Law provides for a number of systems that strictly protect the interests of creditors,it does not achieve the desired purpose,such as false funding,fleeing capital,and credit crises.The system provides a serious obstacle to the market allocation of resources,the establishment of the company set up huge obstacles to improve the company operating costs,seriously affect the company's development and growth,reducing the speed of China's market economy.As the economic development and backwardness of the contradictions continue to intensify,China's theoretical and practical scholars to explore the argument and long-term efforts,up to more than 200 amendments to the"Company Law" was introduced in 2005.This revision is significant and achieves breakthroughs in systems and rules,innovations in many rules and regimes,but still follows the strict legal capital system,which is only moderately loosened,and many theoretical issues are not yet available.solve.2005 "Company Law" in line with the needs of the development of the law to make timely adjustments in the promotion of economic reform and development process contributed.However,due to the impact of the 2008 economic crisis and China's economic structure and other aspects of the impact of the 2005 "Company Law" has become a major obstacle to economic development obstacles.In order to further deepen the reform of the economic system,and strive to create a favorable business environment,in 2013 the company's capital system has made significant changes to cancel the minimum registered capital limit,the implementation of the subscription system and other initiatives to further balance the interests of shareholders and creditors The "Company Law" implemented in 2013 has made great efforts to unlock the market,encourage small and micro enterprises to develop,promote economic sustainability,ease the employment pressure and so on.The implementation of the company to subscribe to the implementation of the capital system caused by the confusion of many different subjects,some people think that this model is likely to cause the company overstaffed,the shareholders of the company's limited liability,the challenge of corporate legal person independent property principles and imperfect credit system is easy to lead to more The occurrence of more dishonesty.Based on the study of these doubts,this paper explores the connotation of the company's capital system by combining jurisprudence analysis method and literature research method.The reasons of the reform of the company's capital system,the results of the reform and the existing problems still exist,At the same time for the existing problems put forward targeted recommendations.It is hoped that through the perfection of the relevant supporting system of the recognized capital system,it is hoped that the registered capital system of the Company will continue to release the reform bonus,so as to promote the sustained and healthy development of the socialist market economy.