Study On The Legal Issues Of The Protection Of Creditor's Interests Under The Capital Subsidy System

Company capital system for the company,like the blood for the people,not only related to the establishment of the company,but also related to the company after the establishment of the company operations,increase or decrease the capital,debt repayment and bankruptcy and other follow-up various important issues.In 2013,China's company legal system carried out a new round of capital system reform,especially the limited liability company's capital system changed significantly:changed the "Company Law" on the statutory capital system part of the core system requirements,but also draw on the compromise part of the capital system to relax the capital control of the company,such as the abolition of the statutory minimum registered capital limit,the paid registration system to subscribe to the registration system,cancel the capital limit and capital verification system and so on These reforms,on the one hand,simplify the process of setting up the company,loosening capital controls and,on the other,making creditors face greater trade risk,posing a greater challenge to the protection of the legitimate rights and interests of creditors in China:canceling the minimum registered capital limits so that the shareholders can easily use the shareholders' rights and the company's independent personality damage to the counterparty of the legitimate rights and interests of shareholders,the shareholders of the investment period of uncertainty caused by non-bankruptcy of the shareholders of the obligation to accelerate the maturity of the problem,the statutory verification system and the company free.The expansion of the matter makes the creditors face greater moral and adverse selection issues in the transaction.Based on the reform of the company system of the limited liability company,this paper discusses the main problems of the creditor's rights protection mechanism under the current subscription system and puts forward the specific remedies.The author believes that in order to solve the problem of the creditor protection brought by the cancellation of the minimum registered capital limit,we should clarify the standard of "insufficient capital contribution" and strengthen the practicability of the corporate personality denial system.In order to realize the non-bankruptcy shareholder's shareholder responsibility to accelerate the expiration and reduce the risk of cancellation of the creditor's rights due to the limitation of the term of the investment,we should improve the current company legislation and expand the application of Article 3 of the Company Law or the Company Law "Article 13,paragraph 2.In order to solve the problem of information asymmetry caused by the cancellation of the capital verification system and the relaxation of the capital contribution system,we should improve our existing information disclosure system,and establish a more comprehensive and effective enterprise credit system and fair and equitable rating system...