The Boundary Of Shareholder's Capital Contribution Freedom Under The Subscribed Capital System

With a series of reform measures carried out in our company law,great changes have taken place in the company capital system of our country,the transformation from "capital credit" to "asset credit" has begun,and the shareholders' capital contribution has been given more freedom.It has an important influence on the legal system theory of shareholder's contribution in our country.On the one hand,under this series of changes,some irrational interpretations of shareholder's capital contribution freedom under subscription system appear in the theoretical circle.The most prominent misreading is that some investors mistakenly believe that the freedom of shareholders' contribution under the full subscription registration system has become free of any restrictions,and that the "subscription system" has become the "pay-as-you-go" system,or even part of it.It is assumed that shareholders no longer have to bear any obligation to contribute.On the other hand,after a great change in the capital system of the Company Law,although it brought freedom and convenience to the shareholders who contributed,But at the same time,it also makes the creditors and minority shareholders of the company more vulnerable to damage,which ultimately comes from the lack of the corresponding supporting legal system after the reform of the company's capital system.Therefore,it is of great theoretical and practical significance to conduct a thorough and comprehensive study on the freedom and boundaries of shareholders' capital contribution in view of a series of problems arising from the revision of the Company Law above.The text is divided into five parts,the first four parts are the main body of this article,the fifth part is the conclusion of the article.The first part explores the necessity of shareholders' capital contribution and the nature of shareholders' capital contribution freedom.The second part discusses how the reform of the company's capital system has brought about the impact on the shareholder's capital contribution system,including changes and adherence to the two contents.The third part makes an objective and rational analysis on the freedom and limitation of shareholders' capital contribution under the subscription system,and the fourth part puts forward the problems existing in the legal system of shareholder's capital contribution under the subscription system and the ways to solve these problems.