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The Influence Of The Reform Of The Corporate Capital System Of Our Country On The Shareholder Contribution System

Posted on:2018-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CaoFull Text:PDF
GTID:2416330563459255Subject:Law
Abstract/Summary:PDF Full Text Request
The company is an important part of the main body of the market economy,the capital of the company is independent from the property of the company,the company capital system is a core system of company system,the establishment of the system related to the company's ability to have great development in the background of market economy.Shareholders is the foundation of the capital of the company to change the company capital system will inevitably affect the system of shareholder's operation,reasonable shareholder contribution system can make effective use of capital,improve the investment enthusiasm of the shareholders,so as to stimulate the vitality of the market.With the practice of China's reform and opening up,economic reform into the deep water area,in 2005 the revised "company law" for a long time,I think the relative country paid capital system problems,has been unable to adapt to the development trend of the market economy,how to realize the decisive role of the market to in the allocation of resources,how to achieve the pursuit of market efficiency and security value,has become the focus of the direction of the company system reform in china.Thus,the 2014 amendments to the "company law" came into being,the company capital system in our country as a completely revised subscription capital system,the reform is carried out in the context of China's economic development and the overall trend is the world trend.However,there are always differences in theory and practice,everything has two sides,the abolition of the minimum registered capital and other reform measures for the operation of the capital contribution system has advantages and disadvantages.Therefore,this article mainly discusses the shareholder contribution system under the fully subscribed system in our country by comparing the capital system of the three stages of our company.We can see that,compared to the previous,now the capital contribution of the system to do a slight adjustment in the capital principles,but still adhere to the principle of constant capital,shareholder's obligation has not changed,as the statutory capital system.At the same time,due to the continued use of the shareholder contribution system,the commitment of shareholders and the fulfillment of their obligations have become a real dilemma,and the related judicial measures of shareholder contribution should be improved.In view of the lag of law,the author believes that we should from the perspective of how to apply the provisions of the existing problems,in order to enhance the economic vitality of the market,have invested autonomy at the same time to protect shareholders within the legal framework of charge sharing,the establishment of investment responsibility,using the use of regulatory mechanisms to encourage internal supervision,adjustment of external supervision,and try to set up the system of expert consultation,to enhance shareholder funded compliance consciousness of rules,to create a good economic environment of justice.
Keywords/Search Tags:Corporate capital, Corporate capital system, Subscription system, Shareholder contribution
PDF Full Text Request
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