Research Of Legal Issues About Accelerating The Responsibility Of Shareholder's Contribution Under Subscribed Capital System

In 2013,China carried out the reform of the company's capital system(the company mentioned in this paper is a limited liability company in the non bankruptcy state).The value orientation of this reform is to relax the administrative intervention and strengthen the autonomy of the company.Since then,a more relaxed capital subscription system has been established.The company capital system is an important part of the company law.Its change or reform will bring deep influence to shareholders and creditors.It will also put forward new propositions and challenges on how to balance the interests of the two in the field of theory and justice.The reform of the company's capital system has not been completed under the condition that the relevant theories are not mature,and the system matching with the subscription system has not been established together,which leads to the shareholder's rights are too large,and the interests of the company's creditors are not taken into account,which leads to the imbalance in the protection of the two interests.How to fully protect the interests of the creditors and maintain the stability and security of the market trading order is of vital importance The success or failure of this reform and the development of the company's capital system in the future.In this context,a series of problems of shareholders' contribution will make the protection of creditors' interests of the company face severe challenges.Starting with the practical problem of how to reverse the lack of effective protection of the interests of the creditors of the company after the reform of the capital system of the company,this paper analyzes the necessity of the protection of the creditors of the company from the impact and challenges of the protection of the interests of the creditors of the company under the subscription system.This paper expounds the problems about the protection system of the company's creditors in the current company system in China,analyzes on the basis and thinking of the trial of the case of accelerating the contribution of shareholders under the circumstances of non bankruptcy that the protection of creditors has emerged in the judicial field after the implementation of the subscription system,observes the trial tendency of the court in this kind of case involving the judicial relief of the company's creditors through the statistics of data,and further reviews it In judicial practice,there are some deficiencies in the trial of accelerating shareholder's contribution in the case of non bankruptcy and the feasibility analysis of accelerating the maturity of shareholder's contribution liability.Finally,from the perspective of protecting the interests of creditors of the company,the paper gives some reasonable suggestions on how to realize the accelerating maturity system of shareholder's contribution liability: making clear the provisions of accelerating the maturity of shareholder's contribution liability in the superior law and solving the judicial problems in practice;establishment of the company's information supervision and spot check system,standardization of the company's information disclosure behavior,and improvement of the quality of information disclosure;establishment of the dishonest punishment system,including the shareholders' contribution responsibility into the dishonest ranks,and punishment of their dishonest behavior;in the articles of Association,the obligation of accelerating the maturity of the shareholders' contribution responsibility,strengthening the shareholders' contribution obligation and responsibility;establishment of the contribution call system To make clear the subject of call,to urge the shareholders to complete the obligation of capital contribution and to build a complete system of responsibility for capital contribution,to implement the responsibility of each shareholder's capital contribution,so as to protect the legitimate rights and interests of creditors.