Perfecting The Protection System Of Creditors' Rights And Interests Of The Company Under The View Of Subscription Capital System

Capital system is the core system of company law,which is related to whether the company's goals can be realized and whether the social economy can achieve sustainable development.At the end of 2013,the amendment of the company law made a profound reform on the capital system of the company.It abolished the legal minimum registered capital system,the annual inspection system,the compulsory capital verification system,and established a complete capital subscription system in the form of legislation.On the one hand,the reform of the company law has reduced the capital threshold for the establishment of the company and expanded the company's autonomy.It is the true portrayal of the public entrepreneurship and innovation in the company law,and the enthusiasm for the public investment and development of the public.On the other hand,the wrong idea of blind worship of capital credit for a long time has been changed.So that the public can change from the idea of static capital to the idea of dynamic assets.However,the relevant system of protecting the rights and interests of creditors has not been improved in time.It has become a hot topic to improve the protection system of the creditor's rights and interests of the company under the legal minimum registered capital system.The reform of capital subscription system will not necessarily damage creditors' rights and interests,but it will bring new problems to creditors' protection system.The original information disclosure system,corporate personality denial system and corporate credit system of the company law are difficult to provide more comprehensive system protection for corporate creditors,and need to be improved.This paper analyzes the deficiencies of China's company creditor protection system,and learn from other countries' experience where the company's legal system is relatively mature,then put forward the following suggestions:We can reference equitable subordination principle,clarify the scope and conditions of the equitable subordination principle.We should promote the establishment of enterprise credit system,encourage the establishment of credit service institutions and establish acredit information sharing mechanism.In the aspect of information disclosure system,we should increase the content of information disclosure,standardize the time of information disclosure and establish the responsibility system of information disclosure.To build up the accelerated expiration system of shareholders' liability for capital investment under the condition of non bankruptcy.The system of disregard of corporate personality should be perfected,the scope of obligation subject should be enlarged properly,and the burden of proof of creditor plaintiff should be lightened.