Research On The Legal Issues Of The Current Corporate Capital System In China

The amendment of china’s Company Law in 2013,so that the company’s capital system has undergone great changes.From the status quo of the development of social economic,the changes in the company’s capital system have very far-reaching economic significance,it injected a tonic for the vitality of the market.The reform is related to a series of institutional changes,such as commercial registration and shareholder contribution.Based on the content of the company’s capital system reform,this paper will analysis the problems that arise after the reform of the company capital system from a legal point of view,and put forward effective suggestions for improvement.In addition to the introduction and conclusion,this paper includes the following four parts:The first part,it mainly analyzes the theory of the capital system of the company,and discusses the definition and classification of company capital system,and defines the concept of corporate capital system in our country,the legal capital system,authorized capital system and compromise capital system are introduced one by one.The second part,combined with the main contents of the capital system modification of company law in 2013,such as the abolition of the statutory minimum registered capital limit,after the implementation of the subscription system,when the company is established,the registration authority shall no longer interfere with the actual payment of shareholders’contribution,capital verification of this link there is no need to exist;Canceled the use of money as a proportion of capital requirements,etc.It analyzed the value orientation of the capital system dressing.In addition,the paper analyzes the characteristics and rules of capital system:it changes from "capital credit" to "asset credit";From "legal capital system" to"incomplete authorized capital system";From "control" to "decentralization".The third part,based on the purpose of the company’s capital system and the status quo,this paper analyzed the defects existing in the legal regulation of the capital system of our country.In terms of security,the cost of entrepreneurship is reduced.In stimulating the market vitality at the same time will also cause a large number of shell companies appear;After the abolition of the verification link,in the face of too loose access standards,is likely to lead to an empty high registered capital.After the implementation of the payment system,the risk of capital flight is not reduced or no longer exists;The company’s credit will crisis under the deregulation of investment.In addition,the relevant supporting measures have not been established or are not perfect.The fourth part,this paper puts forward some suggestions for improvement based on the above discussion of the present situation and existing problems of the company’s capital system.In security,improve the financial security system;This paper puts forward some suggestions for the prevention of the withdrawal of funds;To perfect company credit mechanism for transaction security.To relax investment access;To simplify the process of capital increase;To establish and improve relevant supporting measures.