A Study On The System Of Creditor's Rights To Third Party Investment

With the property of creditor's rights,creditor's rights to third party investment gradually enter people's view.Creditor's rights to third party investment is not only legal but also the trend of the times.The current "company law" requires that the investment property must meet two conditions.One is the valuation of property must be estimated by currency.The other is can be transferred.Creditor's rights to third party both meet those two conditions.If creditor's rights to third investment is allowed,it will give full play to the value of the creditor's rights and also promote investor enthusiasm and ease the financing pressure of enterprises.In addition,the existence of creditor's rights to company investment,has been allowed by law.However,there is no denying that,because of the particularity of creditor's rights,creditor's rights to third investment is highly risky,such as the realization of the creditor's rights,the truth of the creditor's rights and the challenge of the value assessment of creditor's rights.Therefore,this thesis hopes to fully demonstrate the feasibility and rationality of creditor's rights to third investment's feasibility,and try to construct risk prevention mechanism.Apart from the introduction and epilogue,the thesis is consist of four parts.The first part is the theoretical research on the creditor's rights to third party investment.First of all,the study begins from three aspects,the definition of concept,the explore of nature and compare with other forms of investment.The purpose is to have a full understanding of the creditor's rights to third party investment.Secondly,analyze the feasibility of creditor's rights to third party investment.Creditor's rights transfer provides the institutional basis of creditor's rights to the third person investment,the change of company credit foundation and value pursuit is the base of the creditor's rights to third party investment,the appropriate elements analysis is the strong evidence of the creditor's rights to the third party investment.Finally,analyzes the necessity of the creditor's rights to third party investment.The second part is the investigation and analysis of the domestic and international legal norms.On the one hand,analyzing and classifying the legal norms of foreign countries and divides the legal norms of the world's major countries into three legislative modes:authoritarianism,prohibition and limited license.At the same time,summarize the characteristics and experience of foreign legislation practice,and provides reference value for relevant legislation in China.On the other hand,from the company legislation,judicial interpretation and administrative rules and regulations from three different angles,state the evolution of the related laws in our country,in order to explore the legislative and judicial and administrative organ's attitude and tendency.The third part is the present situation and risk of the creditor's rights to third party investment.On one hand,analyzing the current situation of the creditor's rights to the third party investment,so as to understand the obstacles and problems in practice.On the other hand,the thesis analyzes the risk of the creditor's rights to the third party investment.Based on the particularity of creditor's rights,the realization problem of creditor's rights,the authenticity of creditor's rights and the value evaluation of creditor's rights are difficult.The above-mentioned issues will have an impact on the realization of the investment purpose,thus affecting the capital of company.Therefore,it is necessary to conduct in-depth analysis and lay a foundation for the establishment of the risk prevention system.The fourth part is the construction of the system of contribution the creditor's rights to third party's investment.First,strictly restrict the scope,investment time and proportion of investment.Secondly,establish a complete investment procedure,including the voting mechanism of investment,the recognition standards for the completion of investment and the registration of the investment and the public declaration system.Finally,establish the risk guarantee mechanism,including the responsibility of the imperfect investment,the establishment of guarantee system and the equity restriction measure.