Legal Remedies For Creditors Undder Capital Contribution System

As one of the company's stakeholders,the protection of the company's creditors 'interests plays an important role in strengthening the corporate system,promoting corporate financing and stabilizing the overall social situation.But because of lacking of commercial credit has hurt the creditors.In view of this,States have begun to seek a better system in which the interests of creditors are more fully protected.The security function of the registered capital of a company is expected to be entrusted with protecting the interests of creditors.In 1993,Country established a strict statutory capital system in order to strengthen the protection of creditors 'interests.However,the practice has proved that the excessively stringent capital system not only fails to realize the function of the intended guarantee,but also restricts market access,leads to idle capital and hinders the development of market economy.Inorder to adapt to the social and economic development,countries gradually relax the control of registered capital.After the strict legal capital system and the relatively loose legal capital system,China established the system of full subscription of registered capital in 2013,and realized the zero threshold of registered capital,while encouraging investment and stimulating market dynamism,many scholars have also raised concerns:Some scholars believe that the capital subscription system has the suspicion of eliminating theshareholder's capital contribution obligation,and it has an impact on the established creditor's interest protection mechanism.And too loose entry thresholds lack follow-up controls that further put creditors 'interests at risk.This paper analyzes the effect of full subscription on the investment obligations of shareholders and the protection of the interests of creditors from the perspective of the capital subscription system established by the 2013 Company Law.n the basis of exploring the present situation of creditor's interest protection,and drawing on the advanced foreign system,the author further explores the new way of creditor'sinterest protection in order to realize the equity between shareholder's investment freedom and creditor's interest.