The Empirical Research Based On Judgments About The Acceleration Of Shareholders’ Investment Obligation Under A Non-bankruptcy State

Based on the purpose of loosening the capital system,the Capital Subscription System reflects the shareholders’ interest better.However,with the improvement of the investment,the capital contribution of the company’ s shareholders will remain in an uncertain state for a long time,and it is even more difficult to guarantee the values of creditor.When company is unable to pay off matured debts and the shareholder’s capital contribution period is not due,in order to balance the interests of the insurance company,shareholders,and creditors,the shareholder capital contribution responsibilities should be expedited,and the company’s insolvent part should be compensated.The results of the empirical research conducted on the 64 decision-making samples related to the subject of accelerating expiry of shareholder’s contribution responsibilities since the implementation of the payment system on Peking University’s Magic Weapon and the China Judgment Document Online show that in the judicial practice,the shareholder’s responsibilities to the capital are accelerated.The application of the period is more cautious,and the judge prefers to maintain the term rights of the shareholders under the full subscription system.The main contentious issues for such cases are:whether there is deviation in the application of Article 13 paragraph 2 of the Judicial Interpretation of the Company Law Ⅲ,whether the creditors should bear the risks themselves,and the protection of shareholder rights and creditor interests in terms of value orientation.There are disagreements about whether creditors should choose to apply for bankruptcy procedures as a remedy.The rationality of accelerated expiry of shareholder’s contribution responsibilities lies in that,from the perspective of statutory debt theory or financial accounting.The shareholder’s pending payout is a statutory debt to the company,which should be due when the company is in a situation where payment cannot be made.Shareholders are responsible for making up their responsibilities.However,under too loose corporate information disclosure mechanism,corporate publicity information is incomplete,and creditors can no longer be required to take risks themselves.In the choice of relief channels,the application of bankruptcy procedures is not conducive to maximizing the interests of creditors,shareholders and the company.Within the existing judicial framework,the accelerated expiry of shareholder’s contribution responsibilities has its reasonable path of judicial application.The process of applying the law is the process of interpreting the law.It is possible to rationally apply article 13,paragraph 2 of the Judicial Interpretation of the Company Law Ⅲ by means of the interpretation of texts,interpretations,interpretations of systems,and explanations of purposes.In addition,from the perspective of the functional connotation of the company’s capital system,the Company Acts balances the interests,of creditors,shareholders,and companies.The capital maintenance principle requires that the company’s capital system built on the basis of corporate assets should exert its due security protection.