On The Protection Of The Creditor's Interest Under The System Of Corporate Capital Subscription

In the new company law revised in 2013,China has clearly stipulated the company capital subscription system,and cancelled the minimum capital requirement and capital verification procedures.The promulgation of these legal provisions is not only an objective requirement for China to be in line with the legal system of developed countries,but also a reflection of the development of China's corporate legal philosophy to promote the legislation of company law to respect the autonomy of private law and conform to the trend of The Times.At the same time,it also shows that China tries to stimulate the market vitality and prosper the socialist market economy through the bold reform of the company capital system.Although the capital subscription system has many advantages,but in view of the current judicial practice in China,the implementation effect of the subscription system is not satisfactory.As China's social credit system is not perfect,especially the company information publicity system is not perfect,and there are other legal systems complementary to the subscription system is not complete,resulting in the implementation of the subscription system to protect the interests of creditors by a serious impact.China's top priority is to establish and improve the matching system with the subscription system,properly protect the interests of creditors,reduce transaction risks,and maintain transaction security.On the structure,this article altogether is divided into four parts except preface and epilogue,the article structure arrangement is as follows: the first part expounds the general theory about the company's capital subscribed system,mainly explained its connotation,analyses the characteristics of company capital subscribed system in China,in this part of focus also explores the nature of the company subscribed capital system,this paper introduces the part of the domestic scholar's point of view,and expounds the view of nature of the company capital subscribed system in our country.In the second part of this paper,the content of the subscription system in China is evaluated and analyzed,and the positive role of the capital subscription system in promoting the rule of law and the operation of market economy in China and the judicial practice of the subscription system are reviewed in detail.Articles made of the third part mainly elaborated the subscribed to the impact on the creditor benefit protection in our country,and this kind of influence in theory with the creditor benefit protection system of the old,in the judicial practice,due to the operation of the system of the capital subscribed by it shall be equipped with the relevant supporting system is not perfect,lead to judicial caused impact on the protection of the interests of the creditors.The fourth part detailed subscribed registered capital system in our country is discussed under the background of the company creditor benefit protection measures,including establishing shareholder capital contribution payment calling up system,perfecting the information disclosure system,establish a complete company credit system,to define the responsibility of the shareholders' capital contribution flaw,refined,subscribed system of personality of corporate juridical person under the applicable standards and other measures to protect the company creditors' rights,and makes a detailed instructions for the way one by one.