Research On The Creditor Protection System Under The Capital Subscribed System

With the establishment of capital subscribed system,company capital was intensified with the nature of shareholder autonomy,and its control was weakened or canceled by the state.The establishment of this system fully activated social capital and stimulated the vitality of enterprises,bringing a strong impetus to the development of China's market economy.However,this measure was forced by China's economic system reform,especially the move of "streamlining administration and delegating power",rather than the development of China's corporation law,so the system probably ignored the balanced protection of company creditors.Although the Interim Regulations on Publicity of Enterprise Information could protect the Right to Know of creditors in some degree,but the main purpose of the regulation undoubtedly was to streamline administration and delegate power.Therefore,it was urgent to establish and complete a sound creditor protection system under the capital subscribed system.The thesis will elaborate the creditor protection system in the following five parts:The first part briefly discusses the basic situation of company's capital subscribed system and creditor protection theory,mainly including the implication of capital subscribed system,its reflection in our corporation law,the type of capital subscribed system and two creditor protection theories,aiming at a comprehensive understanding and overview on capital subscribed system and creditors protection system.In the second part,through the investigation on foreign countries,the author analysis the similarities and differences of countries like the United States,Japan and so on,examines the development of protection system all over the world,and thinks about the enlightenment on the construction of creditor protection system in China.The third part analysis the current situation of the creditors protection system,grasping an overall condition of the protection of corporate creditors in China.In the fourth part,on the basis of overall situation of protection system,the author analyzes its existing problems or loopholes,mainly involves the investment system of shareholders,company information disclosure system,and the involvement of creditors in corporate governance system.In part five,in order to deal with the above questions,the author gives his own suggestions on the basis of China's corporation law practice so as to provide some inspiration for China's creditors protection system.