Research On The Improvement Of Corporate Creditor Protection Legislation Under Asset Credit

How to protect the company’s creditors under limited liability is one of the important goals of the perfection of laws in various countries.China has abandoned capital credit and is establishing a company creditor protection system under asset credit.The focus of the company’s creditor protection system under asset credit is to regulate the company’s assets.On the one hand,it strengthens the protection of the company’s creditors by strengthening information disclosure and giving the company’s creditors private rights.The efficiency of establishment and operation.The “Company Law of the People ’s Republic of China” abolished the strict restrictions on the company’s capital system,but did not establish or improve supporting information disclosure systems,personal liability systems,and company creditor revocation systems to protect company creditors.Therefore,perfecting the company’s creditor’s rights protection system under asset credit is one of the main development goals of the " Company Law of the People ’s Republic of China ".The legal issues concerning the protection of corporate creditors in our country involve the three areas of legislation,justice and law enforcement.This article only studies the problems existing in the legislative field of our country,focusing on the analysis of the shortcomings in the protection of corporate creditors in our country and giving Perfect advice.The first chapter of this article explains the foundation of company credit,analyzes the reasons why company creditors need to be inclined to protect,and compares the differences and advantages of capital credit and asset credit in the protection of company creditors.Chapter 2 examines the provisions of company creditors in the Company Law of 1993,2005 and 2014 and the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of the Company Law of the People’s Republic of China(3).Developments in creditor protection.The third chapter mainly analyzes the legislative deficiencies and system deficiencies in the protection of corporate creditors in China under asset credit.Chapter 4 compares the successful experiences of representative countries in protecting company creditors,and combined with the current situation in China,puts forward suggestions on the legislative improvement of the protection of company creditors under asset credit in China.