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Subscribed Capital System Making The Creditor Protection Research

Posted on:2019-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:T J ZhouFull Text:PDF
GTID:2346330545478953Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The reform of the company law in 2013 abolished the minimum registered capital and the time limit for shareholders' contribution.This is indeed a response to The Times.However,it also brings many difficulties to the theoretical and practical circles.Due to the lack of relevant auxiliary or supporting measures,the corresponding legal provisions and judicial interpretations are not specific enough.Therefore,it is not easy to solve the problem,and it is urgent to establish internal coordination and complete supporting measures.China has experienced a long period of reform of the capital system,after the capital system of the strict legal capital system to the relatively loose legal capital system and finally to the present system of the capital system in China.The reform brings with it some problems,and the protection of corporate creditors is one of them.I have referred to the company's creditors in two main categories: voluntary and involuntary creditors.But for now,both creditors have some disadvantages in terms of protection.We need our efforts to improve the solution.There are many aspects of the influence of the transformation of the concept after the reform.Analyze the problem of creditor protection in our country.After theoretical analysis,after the reform of the capital system,the results of the transformation of different concepts have a certain impact.The impact of all parties requires us to resolve the problems caused by the reform of the recognition system as soon as possible.Therefore,the author will propose and solve the problem as an important part of the discussion.The following three aspects are found to be problematic.First,the creditors' right to know has a new challenge.Second,the issue of creditor protection.Third,the difficult challenge in the judicial system is whether the funds can be paid in advance.This paper will analyze the three problems deeply and trace back to the source of the problem.The purpose and connotation of corresponding policies are analyzed in depth and corresponding solutions are given.The measures will be set up and perfected in the key aspects of the protection of creditors under the system.What is worth mentioning here is that there is no better and effective solution to the problem of non-voluntary creditors in the recognition system.Therefore,the author hopes that the innovation system can be put forward to strengthen the current protection of this aspect in our country,and propose two innovation systems,namely,debt transfer and contingency prevention system.We hope to make up for the loopholes in the protection of existing creditors.
Keywords/Search Tags:subscription system, creditor protection, improve the measures
PDF Full Text Request
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