Under Subscribed To Accelerate Due The Shareholder Capital Contribution Obligation

In 2013,the company capital system reform will have been implemented for many years contributed registration system change of capital subscribed capital system.In accordance with the provisions of the new company law,the company set up in the free capital contribution,the period stipulated and the amount of capital subscribed capital contribution.Relative to the capital before the system reform in our country,the reform efforts can be said to be unprecedented,reduce a lot about the company's mandatory and restrictive provisions,strengthened the company shareholder's right to freedom,reduces the creation of the entry of the company,lit the market main body of entrepreneurial zeal,beneficial to stimulate the rapid development of local economy.But relatively,the reform of capital system strongly impact the original three principles of capital system,to safeguard the legitimate interests of the company creditors to bring so much inconvenience.Excessive reinforcement,and the reform to shareholders free legal constraints and no corresponding supporting measures,the resulting a lot of legal disputes.Some shareholders in the company set up for capital contribution at the beginning of term conclude an excessively long time category,the company's funds cannot be fully guaranteed.When companies operating difficulties,unable to repay debts,the creditor can request fails to fulfill its obligations of capital contribution shareholders early performance,supplementary compensation liability? But in our current law,only about shareholders' capital contribution of the bankruptcy liquidation phase speed regulation.So when the company is still in the state of existence is the shareholders of a company fulfill its obligation to pay in advance.Judiciary in China for the problems still exist many disputes,some think that creditors under subscribed system in a relatively weak position,the need to strengthen the protection of creditors,some think the duration of the shareholders' interests cannot optional breakthrough,is debated.Accordingly,in this article,through comprehensive analysis of a large number of cases,combing mainstream of shareholder capital contribution obligation,if apply for judicial application shareholder capital contribution obligation acceleration due to provide a solid legal theory,the research in the judicial practice how to apply to accelerate the maturity theory.