Shareholder's Withdrawal Illegally Of Capital Legal Liability

China's socialist market economy is in a period of rapid development,and the company has become an important form of economic organization.One of the most important factors in operating a eompany is capital accumulation,Which is the material basis for the company's development.However,in the real life,some shareholders violate the law and the company's articles of association for their own interests,fleeing the company's capital,and harming the interests of the company,shareholders and corporate creditors.The first chapter of this paper first outlines the definition and definition of shareholders' withdrawal of capital,and analyzes the concept of shareholder withdrawal and related concepts.In practice,it is often confused with false capital contributions,legal or illegal capital reductions,and shareholder borrowing.Secondly,the determination of the behavior of evacuation is explained in two parts:the formal element and the substantive element.Only when the form requires that the "evacuation behavior"and the substantive element "damage the company's rights and interests" are met,can it be considered as withdrawing capital.Again,a detailed analysis of the performance of the withdrawal of funds.The second chapter and the third chapter analyze the civil liability of the company,the promised shareholders and the creditors of the company,respectively,from the two parts of the determination of the nature of responsibility and the way of responsibility.Based on the combination of theory and practice,the nature and obligations of the shareholders who have withdrawn the capital are analyzed.The shareholders withdraw the capital and bear the tort liability of the company,and bear the liability for breach of contract to the other shareholders of the company.The fourth chapter focuses on the form and liability principle of shareholders' evasion of capital contribution to the company's creditors.In addition,the existing doctrine of subornation and the denial of corporate personality have been analyzed.A detailed discussion is made on the scope of the shareholder's responsibility for the company's creditors.The fifth chapter puts forward some suggestions on the improvement of the legislation on the civil liability of shareholders.For the improvement of the civil liability of shareholders for the withdrawal of capital,the nature of the shareholder's liability to the company shall be a breach of contract liability and a tort liability.From the aspect of shareholder responsibility,it is recommended to improve the statutory damages for shareholders to withdraw their capital contributions to other shareholders,and the company can clarify the scope of shareholders' rights restrictions when the shareholders withdraw their capital Finally,from the perspective of how to improve the civil liability procedures for investigating shareholders' withdrawal of capital,it is recommended to improve the company's procedures for recovering capital contributions and increase the rights and procedures for corporate creditors to check accounts.The purpose of this paper is to believe that it is very important to continuously construct the forms and procedures for shareholders to bear the corresponding civil liability.It is very important to pursue the security value expected by the market economy.Only by restricting the illegal behavior of market economy participants and clarifying their responsibilities can they be better.Regulate market behavior.