Research On The Legal System Of Creditor Protection Under The System Of Company Capital Subscription

Reform of the company's capital subscription system,relaxation of capital restrictions,and more convenient and flexible establishment of companies.It can be seen that the power of company shareholders to contribute capital has expanded,but at the same time,the company law did not specifically improve the company's creditor protection system,and the interests of creditors face With huge risks and challenges.Company shareholders,directors,and company creditors are all participants in the market economy and are equal subjects.Company law and related laws should give equal protection to their interests.The company's capital subscription system relaxes restrictions on capital contributions,and the flexible use of funds by company shareholders and directors may put the company's capital in an unstable state.Under such conditions,the protection of creditors will naturally be at a disadvantage.Therefore,the company's legal system must be improved to create The atmosphere of equal protection of the interests of company shareholders and company creditors.To create an atmosphere for the equal protection of the interests of market economy participants,we must not only focus on the company's capital system,but also on the company's information disclosure,credit status,and directors' responsibilities,so as to protect the interests of the company's creditors.This article is mainly divided into five parts:Part ?: Introduction.It is mainly about research background,meaning,literature review,innovation and deficiencies.Part ?: jurisprudence analysis of creditor protection under corporate capital subscription system.First,analyze and explore the creditor protection concepts of statutory capital system,authorized capital system,eclectic capital system,and corporate capital subscription system;second,analyze the impact of corporate capital subscription system reform on the protection of creditors at the theoretical and practical levels;finally,from From the perspective of the value of the two laws of safety and efficiency,it explores the necessity of creditor protection and clearly proposes that the legal protection that creditors should have under the company's capital subscription system is equal protection.Part ?: Investigation on the status of creditor protection under the company's capital subscription system.This part mainly analyzes the defects and deficiencies ofthe existing corporate creditor legal protection system,corporate personality denial system,corporate information disclosure,corporate credit status,liability mechanism,and other possible harms.Part ?: Investigation of extraterritorial protection of creditors under the company's capital subscription system.Countries outside the country have established a complete shareholder contribution responsibility system,director liability system,corporate personality denial system,information disclosure system,and company credit rating system to facilitate the company's creditors to fully participate in competitive transactions.Extraterritoriality also attaches importance to the protection of involuntary creditors,and has established an equitable subordinate system and a liability insurance system to give certain special priority protection to involuntary creditors,so as to balance the status of shareholders and involuntary creditors in the legal system and achieve equal protection.The rich judicial experience of extraterritorial company law legislation is worth learning from.Part ?: The improvement of the creditor protection legal system under the company's capital subscription system.Firstly,improve the procedural protection system,the company registration system and the capital contribution system to ensure the authenticity and stability of the company's capital;secondly,improve the public protection system,the company's information disclosure system,and the company's credit system so that creditors can make full use of company information And credit,make reasonable decisions;re-improve the priority protection system,introduce the equitable subordinate system,special insurance liability system,and emphasize the protection of ordinary creditors and involuntary creditors;finally,improve the litigation protection system,improve the corporate personality denial system and directors The liability system directly investigates the abuse of the company's limited liability and the director's inaction,so that company shareholders and directors respect the interests of the company's creditors.