Research On Accelerating The Maturity Of Shareholder's Capital Contribution Responsibility Under The Subscribed System

The company registered capital system holds an important position in the company law,which plays an important role in protecting the interests of creditors and safeguarding the safety of market transactions.The reform of the company law in 2013 mainly adjusted the company capital system and established the unlimited subscription capital system.The reform aims to encourage investment and improve market efficiency.But the supporting legal system to protect the rights of creditors in our country has not be perfected,the subscription capital system has increased the risk of creditors' interests while bringing convenience to shareholders.In judicial practice,the judicial judgment of the capital contribution dispute is inconsistent,and it is urgent to reach the theoretical consensus on the issue of the investment responsibility of the shareholders.Therefore,in order to balance the company capital system and the protection of creditors' interests,we need to solve the problems of applying the accelerating the maturity of shareholder's capital contribution responsibility.This paper mainly discusses the opinion that is imperative to apply the accelerating the maturity of shareholder's capital contribution responsibility under the subscribed system to protect the interests of creditors,and puts forward the relevant problems of applying the accelerating the maturity of the shareholder's capital contribution responsibility under the subscribed system.By referencing the foreign legal system of accelerating the maturity of shareholder's capital contribution responsibility,this paper proposes the suggestions of applying the accelerating the maturity of the shareholder's capital contribution responsibility under the subscription system.The first part of the article mainly defines the concept of "subscription capital system" and " accelerating the maturity of the shareholder's capital contribution responsibility",and introduces the emergence and development of accelerating the maturity of the shareholder's capital contribution responsibility.The second part discusses the necessity and feasibility of applying the accelerating the maturity of the shareholder's capital contribution responsibility under the subscribed system.The third part analyzes the related problems about the application of accelerating the maturity of the shareholder's capital contribution responsibility under the subscribed system from four aspects.The fourth part gets the institutional enlightenment through the comparative study of the foreign legal system of accelerating the maturity of the shareholder's capital contribution responsibility.The fifth part puts forward the suggestions of applying the accelerating the maturity of the shareholder's capital contribution responsibility under the subscribed system: Judging the validity of the time limit of capital contribution by the principle of public order and good social customs;Expansion explains article 13,paragraph 2,of the Company Law Judicial Interpretation ?;Definitude the cognizance standard of " the company is unable to repay debts" and the arrangement of litigants;Using the " reasonable doubt" correctly.The conclusion part summarizes the whole paper's contents.