Research On The Protection Of Creditor's Interests Under Subscribed Capital System

In 2013,the reform of "company law"(Corporation Law)modified the installment payment system with subscribed system under the statutory capital system.The new system lowers the threshold of the establishment of a company which enhances the vitality of social capital.However it was found that the relevant measures are not going hand in hand with the new system.Therefore,the issues on protecting the interests of company creditors is more prominent.This paper tries figure out how to protect the interests of company creditors under the subscribed capital system,specifically the most high-profile issues on shareholderinvestmentperiod.Theauthor mainly discusses whether the shareholder's capital contribution responsibility can be accelerated to expire if the company can not pay off the external debt while the capital contribution period of the shareholder has not yet expired.Is it feasible theoretically? Also the issues on its application to the Procedural Law are discussed.The first part is about the targeted question introduced by two cases.The basic information of the selected cases is introduced.The cases are about if the shareholder investment period can be achieved ahead of schedule.By analyzing the two similar cases,the author points out the defects of the two court decisions.The second part is about the impact of the subscribed capital system on the protection of creditors' interests.This part briefly analyzes the reform path of the capital system in China and the current capital system types.By case-collecting protection of the interests of,Through the case analysis pointed out the existing problems.By analyzing the content of the capital subscribed system,the impact on creditors interestsprotection and the necessity to protect the creditors are discussed.The “abuse” of the shareholder investment periodby current company regulations are clustered by case-collecting,so that the problems(on the shareholder investment period)can be reflected visually.The third part mainly introduces the current judicial practice regarding to creditors' interests protection.The insufficiency areidentified after analyzing those practices from the perspectives of bankruptcy law system,the civil law creditor's rights preservation systemas well as the company legal person personality denial system.In the fourth part,the author puts forward the method of capital contribution responsibility acceleration system.The legal connotation of the acceleration system and the way of regulation are discussed,and the author's suggestions are proposed.Thefifth part discusses the way to realize the capital contribution responsibility acceleration system and its specific legal application.