The Research On Creditor Protection In The Reform Of Corporate Capital System

The newly amended "Company Law" on December 28,2013 was finally approved by the strict People's Congress and it was required that the formal implementation time of the system be March 1 of the following year.Judging from the specific amendments to the "Company Law," it mainly discussed the company's capital system in depth and severely restricted a number of violations of the company's capital system.With the establishment and implementation of the system,the traditional statutory capital system gradually shifts toward the capital-raising system,which in large part motivates the commercial entity's financing behavior and encourages the construction of the market atmosphere.The reform of the system has become the main driving force for business investment,so there has been a large area of shell companies in the market,bringing hidden problems to the interests of employees.However,the current company law still cannot protect the interests of creditors,especially the lack of a strict legislative system and stable supporting facilities.Because of this,in the follow-up period,we need to continue to follow up and discuss the relevant interests of creditors in company law..From the overall content of this article,it is divided into four sections:the first section describes in detail the basic situation of the company's capital system,and analyzes the three major stages of its reform process,and sort out the specific reform implementation background of the current capital system.The second section provides a detailed introduction to the creditor protection system and lays the foundation for the subsequent implementation process.The third and fourth sections are the core content of this article.They analyze the problems existing in the current process of creditor protection and specific implementation strategies in turn according to the previous basic introductions.The author takes multiple perspectives as an entry point,such as establishing responsibility for shareholders to pursue The system,the right to know about the creditor's work,the establishment of a sound company internal management and supervision system,and the possible problems that the company's creditors'interests may have in the protection stage after a long period of reforms,The plan will help the company to realize the entire process of protecting the interests of creditors and ultimately protect the creditors' interest system.