Research On Shareholders' Capital Subscription System:Issues And Their Solutions

Corporate capital system is an important part of corporate law,and the issue of shareholders'capital contribution is the key to the corporate capital system,which is the main part and plays a very important role.The new round of reform of company law replaces the original paid-in system with the subscription system,and thoroughly shuffles the relevant investment provisions under the subscription system.To a large extent,it protects the autonomy of shareholders and respects the agreements and agreements between shareholders and companies.This article makes a comparative analysis of the key points of the reform and the nature of the current capital system.Through the analysis,it can be found that the problems of shareholder's capital contribution under the subscription system will arise.In the light of the actual situation in China and the operation of the capital system abroad,this paper makes a series of Explorations on the ways to solve the problems,and introduces the accelerated maturity system to shareholders.In the issue of investment,we should highlight the protection of creditors'rights and interests,clarify the boundaries of shareholders' rights and responsibilities.Of course,legal provisions and supervision of public power are beneficial means to ensure that these measures can effectively play a practical role.At the same time,the establishment and improvement of credit system plays a very important role in the future development of the company and the protection of the market environment.This paper is divided into three parts:The first part is the basic overview of China's subscription capital system.Systematic understanding of the company's capital system,the types of capital system and their respective characteristics;analysis of the specific connotation,nature and characteristics of China's subscription capital system,and evaluation of the value of the reform of the company law from the paid-in system to the subscription system,to clarify the significance of the subscription capital system and its impact.The second part is the analysis of the problems and dilemmas of shareholders'contribution under the subscription system.Basing on the analysis of the present situation of the implementation of the subscription system in our country,it is clear that the problems arise in the situation of shareholders evading and evading their investment,the imperfect publicity system of the company's investment information,the absence of the credit system and the sharp decline of the creditor's creditor's rights.The third part is to explore the legal issues of shareholders'contribution under the subscription system.This paper mainly discusses the accelerated expiration of shareholder's contribution,focusing on the establishment and development of the accelerated expiration system,the different judgments of the same case in the current accelerated expiration system,whether to accept the law or not,there is no uniform provision,so with the dispute between the negative and the positive,I will put forward my own views on the basis of the analysis of the theories of various schools;besides,I will also establish and improve the accelerated expiration system.The system of shareholder's liability for breach of contract and guarantee liability should be improved,and the system of information publicity and credit system should be established.