On The Contribution Of General Credit Rights In China's Company Law

As one of indispensable property rights,creditor's rights are generally recognized as a financing and investment instruments in the commercial field,among which shareholders contributing by creditor's rights is one of them.The more common is the securities creditor's rights contribution,which is undisputed due to its low risk and corresponding legal regulations.However,the non-securities creditor's rights,that is,general creditor's rights,exist in a large mumber in modern life.Because of the particularity and complexity of its contribution,it is controversial about the feasibility of contribution and how to contribute.Therefore,in the case of the general creditor's rights contributions,the main concern is the question of why the general creditor's rights can be contributed and how to contribute.In addition to the introduction and conclusion,this thesis is divided into four chapters.The first chapter mainly summarizes the general creditor's rights contribution from three aspects.Firstly,this part clarifies definition of the general creditor's rights and theoretical basis of civil and commercial law of the general creditor's rights;Secondly,through reviewing the legislative development of creditor's rights contribution in our country,it reveals that creditor's rights contribution comforms to the legislative trend of company law.Finally,according to the consistent viewpoint of academic theory,this part analyzes the conditions that the general creditor's rights contribution meets non-monetary contribution and has the appropriateness of non-monetary contribution.The second chapter mainly analyzes the feasibility of the general creditor's rights contribution.This part is based on the analysis of the reasons against the contribution of general creditor's rights.Firstly,the fact that the creditor's right has been separated from the real right and gained independence shows that the creditor's right is playing a role as an indepeddent value property,and the risk of the contribution of creditor's right can not be denied bacause of the right attribute of creditor's right itself.Secendly,the evaluation of general creditor's rights should take the party's autonomy as the premise.It is reslistic for general creditor's rights to be able to evaluat by drawing on modern valuation techniques as well as foreign assessment experience.Finally,with the gradual weakening of the strict legal capital system,the company capital is more to play its business function than the guarantee function,and the establishment of back-end control modewill be the trend of the future company legislation in China.In the third chapter mainly studies extra-territorial legislation of the general creditor's rights contribution.Through the research on the legislation of several representative countries in the two legal systems,including the general legislative situation and specific provisions of each country,the author draws the legislative enlightenment of the general creditor's rights contribution in the future in our country.The fourth chapter mainly expounds the legislative proposals of the general creditor's right contribution of the chinese company law.On the basis of fully respecting the autonomy of the relevant interested parties in the company law,this part provides feasible legislative proposals on the levels of entity,procedure and responsibility.