Research On Creditors' Protection Under The Subscribed Capital System

With the continuous development of China's market economy,the company plays an increasingly important role in business activities.Corporate creditors,as the closest external stakeholders of the company,have a significant impact on the company's development.In 2013,China's “Company Law” established a registered capital subscription system,which eliminated the minimum registered capital required for the establishment of the company,which greatly changed the strict supervision mode of the past capital and improved the investor's investment enthusiasm.Stimulate the economy to continue to develop.The capital system reform also poses new challenges to the protection of corporate creditors' interests.However,the protection mechanism of corporate creditors' interests has not been improved.This paper starts from the protection of corporate creditors' interests,first defines the definition of corporate creditors and the types of capital systems.The development of China's capital system is introduced,and on this basis,the necessity of creditor's interest protection is clarified.Secondly,Secondly,analyze the impact of the capital subscription system on the protection of corporate creditors' interests.Corporate creditors face more uncertainty when judging the company's credit status and debt solvency,so the relevant protection mechanisms should be improved and turned to ex post protection as the Lord.Thirdly,in view of the fact that the company's information disclosure in the process of protecting the interests of creditors in China is not comprehensive and untrue,whether it can request shareholders to abandon the term benefits in advance in accordance with Article 13 of the Judicial Interpretation of Company Law and the denial of corporate personality denial is difficult to apply.The dilemma is deeply analyzed,reflecting on the loopholes and deficiencies in the current legal provisions,and the reasons for finding problems from the legislative level and the law enforcement level.Finally,it proposes clear scope of information disclosure for specific defects,improves the authenticity and efficiency of disclosure,strengthens the construction of information disclosure channels and gives creditors access to financial information to improve the company's information disclosure and credit restraint system,and accelerates the construction of shareholders' capital contribution obligations.The period system proposes a feasible legal path and applicable rules,and clarifies the scope of the subject and the applicable conditions in the corporate personality denial system to solve the application of difficult problems to improve the protection mechanism of corporate creditors' interests.