Study On The Problem Of Additional Shareholders Who Have Not Reached The Deadline For Capital Contribution

2020 is the year when the people's court moves towards the goal of "effectively solving the difficulties in implementation".It is also the seventh year when the new company law establishes the system of acceptance.The cases of companies that have not fully paid their capital contributions as enforcees have entered a period of concentrated outbreak.The contradiction between the protection of creditors' interests and shareholders' interests within the time limit is becoming more and more prominent.We need a system that can promote the active development of the market economy and balance the interests of creditors and shareholders.In the exploration of practice and the call of theory,the accelerated maturity system of shareholders who have not reached the deadline of capital contribution in the execution procedure is considered as an important direction to solve this problem.The accelerated maturity system was studied by the "Story" judge in the United States as early as the 19 th century.The Nine People's Minutes issued in 2019 clearly stipulated the conditions for adding shareholders with outstanding capital contribution term as the executor in the execution procedure.This paper,starting from actual cases,studies the circumstances under which shareholders with outstanding capital contribution term should be added as the executor and how to improve the system.This paper is divided into five parts to study the above problems:The first part discusses the definition,theoretical dispute and importance of the accelerated maturity of shareholders' contribution responsibility and the system of additional Executees,and expounds that the accelerated maturity system in the implementation stage is a common choice of theory and practice,and an effective solution to the abuse of the autonomy of the articles of association by shareholders.The second part,looking for the legal basis of the system that the shareholder of the additional non term of contribution is the executee,finding out the basis of supporting the additional in theory,providing the theoretical basis for the later discussion,and achieving the combination of theory and practice.In the third part,the author searched 49 cases,66 judgment documents on the Internet,analyzed the data of 66 judgment documents,such as the judgment results,the judgment basis,and the judgment reasons,and used the method of chart description to directly show these data.In the fourth part,it analyzes and counts the theoretical part of the judgment,and separates the corresponding legal basis.The fifth part,perfect the judgment standard in the practice of this system,in order to better apply this system to solve the problem of difficult implementation in practice.