Investigation And Improvement Of Company Creditors' Interests Protection System

the protection of creditors has been the focus of company law.In the context of the new system,China's corporate capital system has undergone major changes,the reform also has a certain impact on the interests of creditors.The company creditors are important participants and make contributions to the company's daily development.This article starts from the typical cases of the damage to the interests of creditors,combined with the new situation after the reform.By using the method of comparative analysis,literature research,case comparison and data analysis.This paper explores the measures to improve the protection of creditors' interests in the current situation of the company's capital system reform.The paper is divided into five parts.The first part is the introduction.Including domestic and overseas research status,research methods,research objectives and the innovation.The second part is a general introduction about the concept of company creditors in China and the importance of protecting the company creditors and the theoretical basis.The third part,according to the relevant cases,introduces the typical situations which damage the interests of the creditors.Further analyzing the present situation of company creditors' interests protection system.There are something wrong about corporate personality traverse system and company information disclosure.Lack of stipulation about the compensation liability of directors to creditors.The procedure of the company capital is not perfect.it analyzes the current application,case of action and the existed problems during the process of the judicial practice of the company law personality denial in China by searching cases of the denial to company legal person status system.The fourth part is to introduce the company creditor benefit protection under the authorized capital system of extraterritorial legislation.Firstly,it introduces the companycreditor protection measures of American,Japan and Germany by chart.Hope to find suitable measures by analyzing foreign related system.The fifth part puts forward the legislative suggestions.Firstly,improving the content and approach of information publicity;Secondly,perfecting shareholder capital contribution obligations;Thirdly,establishing the fault compensation system of creditor directors;Fourthly,improving the system of disregard of corporate personality;Fifthly,leading into deep rock doctrine.