Study On The Judicial Application Of Evasion Financing

In 2013,China's corporate capital system ushered in a major reform.The registered capital of general companies was changed from the actual paid registration system to the subscribed registration system,and the capital verification requirements of general companies and the restrictions on the minimum registered capital were abolished.In this regard,the company law and its judicial interpretation have also made important amendments.This major change makes it much less likely that shareholders will withdraw their capital contribution,and the scope of application of civil liability is also greatly reduced.Then,in the specific judicial practice,the identification of the shareholder's withdrawal of capital contribution should be cautious to avoid deviation from the legislative purpose of the company law revision.Based on the provisions of the supreme people's court on the application of the company law of the People's Republic of China(3)(hereinafter referred to as "interpretation of company law")article 12,this paper makes a specific analysis of the four situations where the act of withdrawing or evading the capital contribution is applicable.