Research On Legal Promblems Of Shareholders' Defective Capital Contribution

After the reform from the paid-in capital system to the paid-in capital system in our company law,it is not only the need to discuss feedback in theory,but also the current situation that the court accepts the dispute cases based on shareholder's defective capital contribution,and it is also the need to discuss the problem of shareholder's defective capital contribution systematically in order to develop smoothly and healthily in the socialist market economy.The behavior of shareholder's defective capital contribution is that the shareholder does not comply with the requirements of market economy to the main body of the market,in violation of the law of the identity of the shareholders of the rules set,including its contribution behavior itself has defects,but also includes the value of the material contribution and the acquisition of capital contribution share does not match the property defects.The reason why the defective contribution of shareholders arises is that the shareholders are given the obligation of contribution,which comes from the agreement in the contract documents.At the same time,through the search,collation,induction and summary of recent cases in China's judicial documents network,this paper analyzes and expounds the judicial opinions in China's judicial practice in recent years.This paper focuses on the qualification and rights limitation of defective shareholders.This paper also discusses the civil liability of defective shareholders.It mainly involves the following aspects:first,the liability relationship between the defective shareholder and the flawless shareholder,which arises from the agreement of the contract;The second is the liability relationship between the defective contribution shareholders and the company,is the legal liability relationship.This relationship is through legal regulation,set up certain liability rules for shareholders,to ensure that the behavior of shareholders does not interfere with any factors and affect the company or market balance effect;Third,the relationship between shareholders and creditors of defective capital contribution.