On The Legal Protection Of Corporate Creditors Under The Background Of "double Creation"

In 2015,the government work report put forward the slogan of "mass entrepreneurship and innovation",which has become an important driving force for the development of the country’s market economy.Under the background of the "double gen",the company registration system also has carried on the reform of capital contributed by the original system now instead of the capital subscribed,ease market main body access controls,strengthen the supervision and management of the market,but companies in the "wide into bat" mode,the changes in plants could also increase the risk of damage to the company creditor.After the reform of the company registration system,citizens can apply for the establishment of a company only by virtue of a copy of their id CARDS and a reasonable office.Shareholders can freely agree on the amount of capital contribution,the period of capital contribution and the method of capital contribution in the articles of association according to the development needs of the company.On the one hand,it is easy and efficient for citizens to apply for the registration of companies,but it is worth reflecting on how to protect the interests of creditors after the revocation of companies.On the other hand,the expansion of shareholder autonomy is conducive to the free development of the company and the improvement of resource utilization efficiency.However,under the capital subscription system,the protection of the interests of corporate creditors is challenged.Therefore,in the current era of "mass entrepreneurship and innovation",how to better protect the interests of corporate creditors through the improvement of legislation is an important problem that must be solved.With the methods of empirical analysis,comparative analysis and case analysis,this paper discusses the issues concerning the protection of corporate creditors under the background of "mass entrepreneurship and innovation".This paper points out the problems in the protection of corporate creditors at present,and puts forward some Suggestions on how to improve the protection of corporate creditors by referring to foreign advanced systems and relevant experience.Chapter one is an overview of the protection of corporate creditors’ interests under the background of "double innovation".This paper explains the significance of "doubleinnovation" and the relevant reform of company law under the background,and analyzes the impact on the protection of corporate creditors’ interests under the current situation of "mass entrepreneurship and innovation".Chapter two combs the main problems existing in the protection of corporate creditors in our country.It mainly explains the problems such as the absence of protection of corporate creditors under the false name registration,the unsound system of corporate personality denial,whether the time limit for shareholders to fulfill their investment obligations under the non-bankruptcy circumstance can be accelerated,the imperfect system of corporate information disclosure,and the absence of creditors’ involvement in corporate governance.Chapter three puts forward some Suggestions on how to improve the protection of corporate creditors in China by referring to foreign legislation on creditor protection and combining with China’s reality.Through the study of the provisions on the protection of corporate creditors in different jurisdictions,including the procedures of capital contribution and collection in the United States and Japan,the legal liability of directors to creditors,information disclosure and the denial of corporate personality and other systems,the author inspires the protection of corporate creditors in China.Chapter four is the legislative proposal of protecting the interests of corporate creditors in our country.Specific measures include optimizing the establishment of government institutions,establishing the system of accelerating the expiration of shareholders’ investment liability,improving the system of corporate personality denial and corporate information disclosure,and guiding creditors to participate in corporate governance.