Research On Accelerating The Expiration Of Shareholder's Contribution Obligation

In recent years,due to the reform of the company law subscription registration system in 2013,shareholders can exercise autonomy over the amount and duration of capital contribution.The unpaid-up registered capital contributed by shareholders reduces the company's assets,and the imperfect credit system in China makes the implementation of debt companies more difficult.The company law does not make corresponding obligations to the shareholders' rights,resulting in some shareholders using legal ways to damage the interests of creditors.The problem of creditor protection needs to be solved urgently,but there is no clear regulation on whether the company can fulfill the contribution obligation in advance of the shareholders who are unable to fulfill their debts and whose due date is not due,which is still a legal blank.Judicators and scholars can only interpret and apply the unreformed legal provisions,which leads to a huge controversy in the judicial practice and the theoretical circle.The purpose of this paper is to solve the problem of creditor protection left by the reform of the subscription registration system of the company law.Therefore,the company law can still serve the concept of integrity,fairness and justice when it meets the requirements of streamlining administration and delegating power to promote the vitality of market economy.In this context,this paper is divided into four parts: the first part briefly introduces the background of the company law subscription system reform,and the case analysis of the legal gap caused by the system reform and the contradiction of judicial precedents;In the second part,the author summarizes and analyzes the controversial theories on the system of accelerated maturity of shareholders' contribution obligation in the academic circle,and makes a juridical logic argument for the author's view of accelerated maturity.The third part collects the legislative system and experience of foreign countries on creditor protection.The fourth part constructs the applicable conditions of accelerated maturity system of shareholder's contribution obligation.