Treatise On The Protection Of The Company's Interest Of Creditor Under The Subscription Capital System

By the end of 2013, China's "Company Law" has experienced the most significant change in the history of the company law, this reform would not only change paid-in capital system into subscription capital system,also abolish the minimum registered capital of the company restrictions.Capital system has always been regarded as the cornerstone of the legal system of the company, the reform of "Company Law" would inevitably lead to the whole body. On the one hand, this reform may stimulate the market investment enthusiasm. The birth of a large number of new companies would provide more employment opportunities; on the other hand, cancelling the verification process would bring some potential risks,for example, invested shareholders lack of effective supervision, which may make the company creditor's interests unprotected, leading to protect the interests of creditors triggered crisis. Under the premise that there are many loopholes in the Creditor benefit protection mechanism; the reform of the capital system of our country makes the protection of the creditors'interests more difficult.This paper uses literature research method, statistical analysis method and case study method, jurisprudence analysis of various research method, empirical research method, through clarifying the concept of capital system, and analysis of the change of our previous Company Law" in the capital system and the recognition of the subscribed capital under the system, puts forward the capital the main problem facing subscription system under the protection of creditors. On the basis of the experience of foreign mature and complete creditor protection system,this paper explores a series of related systems and methods suitable for the development of creditor protection in china.This paper is divided into five parts: the first part mainly introduces the related concepts of subscription capital system and compares with paid-in capital system; the second part mainly expounds the capital subscribed by the shareholders' capital contribution obligations and responsibilities; the third part puts forward the necessity of capital subscribed the main problems faced to protect the company's interests of creditors under the system, the implementation of the protection of creditors; the fourth part, by comparing the perfect foreign creditor protection system of creditor protection, explore the path suited to China's company; the fifth part, get a conclusion.