Research On The Legal Protection Of Corporate Creditors' Interests Under The Capital Subscription System

In 2013 China's company law reform is to reform of company capital system,based on stimulating activity in the market,and enhance their competitiveness in the market,the purpose of the provisions of the new company law to abolish the minimum registered capital,to pay the proportion and time are no longer mandatory but instead the articles of association convention.On the one hand,it promoted the business,to promote the employment and has brought the economic prosperity;On the other hand poses challenges to protect the interests of creditors.Under this situation,the law related facilities need to be perfected.Corporate capital system and the creditor benefit protection is closely linked,through the reform of capital system also shows that the concept of creditor protection in the reform of the company law of our country.Shift from the concept of capital credit to assets credit,from the market transaction security to the system there has been a shift of market transaction efficiency,government control of the regulatory ideal is engaged in the former to the later regulation,from high above the managers to provide help for the people of the server,reflect the subscribed capital system of the basic ideas to the protection of creditors.Through analyzing the necessity of the protection of the creditors is pointed out that at present our country need to gradually improve the company creditor protection mechanism.Our country the main problem is: subscribed system contributed to the capital,the illegal behavior,legal person personality denial system is difficult to realize,worth of the program has not yet to legalize and company's information disclosure mechanism is not sound,etc.Through the analysis of the above problems,put forward the corresponding perfecting suggestion.First in view of the ambiguity of legal person personality denial system,establish legal person personality denial and applicable situation becomes the key of the constitution of crime,considering the status quo of creditors proof is difficult to suggest that the adjustment of the onus probandi inversion.Combining set up front payment calling up system,strictly regulate the company directors,executive officers faith obligations,to invest to establish responsibility acceleration due system and perfect the shareholder capital contribution due four aspects to guarantee to strengthen.Finally from the clear company information disclosure,the scope of legal responsibility,strengthen the supervision of government,society,further enhance the effectiveness of the company creditor benefit protection.