Study On The System Of Protection Of Creditors When The Company Capital

Company autonomy for the sake of their can decide the amount of capital,but the company any and will damage the outside the interests of the creditors,the action of shareholders of a company and the external need to carefully balance the interests of creditors.When the action of light procedures for company along with the market conditions the flexibility to adjust its capital,reveal the efficiency value;Company strict procedures to protect the action of external interests of creditors,maintain the stability of the trade order and fair value,fair value and efficiency value needs to be carefully balanced.Different trade-off for the interests of the shareholders,creditors,for efficiency value and the fair value of the different thought,in a foreign country formed represented by Germany's strict creditor protection mode,represented by the United States the solvency of the standard model,represented by the British creditors to compromise protection mode of judicial intervention,three main modes.Mountain to offend jade,but,as American anthropologist said Jill,law is a "local knowledge",with distinctive local color.Therefore the introduction of foreign theories,system,combined with domestic actual situation,in order to avoid the water.In this paper,in combination with national conditions,the comparative analysis on the basis of that Germany as representative's strict creditor protection mode is relatively most worthy of our reference model of creditor protection.Strict creditor protection mode is a kind of macroscopic model construction,to really realize the protection of creditors,but also for specific system design.Throughout our country at present,the company legislation of creditor protection,the action of fuzzy,broad,and there are many unreasonable place,such as unreasonable provisions on the foreign company shall not prevent companies,not provided specific statute conditions and restrictive conditions,did not distinguish between essence and form,the provision of the action of the action of the action of program defects have any impact on the action effectiveness,the provision of the action of procedure flaw shareholders how should bear the responsibility when beforehand,the provision of the creditor's right of dissent and afterwards the judicial relief rights,etc.,so the need for specific system design and system reconstruction.This article focuses on the problem.In this paper,the body part of a total of three chapters: the first chapter mainly introduces the basic theory of the action of company,including company definition,cause,function,type,the action of impact on shareholders and creditors.Chapter ii in Germany,the United States,Britain,for example,respectively introduced the company of the action of strict creditor protection mode,debt paying ability standard mode,the creditors under the judicial intervention fuzzy compromise protection,for the rest of domestic legislation.The third chapter is the focus of this article,in view of our country legislation to the company creditor protection when the action of fuzzy,broad and unreasonable,carried out a series of specific system design and system reconstruction,including foreign companies,the statute conditions and restrictive conditions,the distinction between substance and form,the action of the action of the action program defect impact on the effectiveness of the action,the action process of any defect of shareholder responsibility,matter right of dissent and afterwards the judicial relief rights of creditors,etc.