Obvious Equity Empirical Research

The reform of Company Law in 2013 replaced paid-in capital system by subscribed capital system.This reform encourages the public to start their careers and makes it a natural way for citizens to allocate risk by setting up a company.The function of registered capital has played more role in operating than in guarantee.The creditors finally assume the operating risk caused by insufficient paid-in capital.Thus,the traditional civil law can't satisfy the need of protection for the creditors.As a business law,the Company Law needs to re-balance the interest between shareholders and creditors.The need of protecting creditor and the order of market triggered a study of the accelerating of shareholder's contribution.The accelerating of shareholder's contribution has been provided just in dissolution and bankruptcy by law,and it is a loophole in on-bankruptcy and non-dissolution.So the problem that creditors can't sue the shareholders who has large unpaid contribution when the company can't afford the debts can't be solved.The accelerating of shareholder's contribution in bankruptcy can't solve the problem and it will arise “insolvency paradox”.The situation also doesn't satisfy the accelerating of shareholder's contribution in dissolution.Therefore,there is no solution in Company Law.Contract Law concentrates on the relationship between two individuals.,so it can't solve the problem of interest between shareholders and creditors in subscribed capital system.The accelerating of shareholder's contribution has three samples: the accelerating of shareholder's contribution in non-bankruptcy and non-dissolution,the accelerating of shareholder's contribution in bankruptcy and the accelerating of shareholder's contribution in dissolution.The two latter has been cleared in law and judicial interpretation.However,the former is controversial in theoretical and practical areas.Due to the law and judicial interpretation promulgated before the reform of Company law,the accelerating of shareholder's contribution in bankruptcy and the accelerating of shareholder's contribution in dissolution has to interpreted afresh.We teased three key points from the judgement: the difference between law and accountancy in the scope of responsibility property,the relative term interests of the shareholder and the judgment method of company's inability to pay the debt.We discussed the rationality of accelerating of shareholder's contribution in non-bankruptcy and non-dissolution and analyzed the proceeding and structure of litigation.By comparing the three doctrine of capital and piercing the corporate veil to accelerating of shareholder's contribution in non-bankruptcy and non-dissolution,we draw the conclusion——Company law must respond to the difficulty of creditor's compensation.The response is the establishment of accelerating of shareholder's contribution comprised of the accelerating of shareholder's contribution in non-bankruptcy and non-dissolution,the accelerating of shareholder's contribution in bankruptcy and the accelerating of shareholder's contribution in dissolution.The foregoing problem should be solved in Company Law.