Research On Accelerating Maturity Of The Company's Subscribed Capital

In 2013,the new company law has been greatly adjusted,and the quota of statutory minimum registered capital has been abolished,and two years and five years' hard investment deadline has been set up.It also represents the transformation of legislators' thinking,gradually weakening the functions of government in the market economy,determining the decisive role of the market in the allocation of resources,and giving the company greater autonomy.The shareholders are free to agree on the amount of capital contribution and the time limit in the subscribed system,the establishment of the company's shareholders is further lower the threshold,it will actively mobilize the economic strength of small and medium-sized shareholders or the lack of the investment enthusiasm of the shareholders,to lower the cost of leveraging more resources,improve capital utilization efficiency,promote the rapid development of the market economy.However,the rapid growth of the economy has also emerged a lot of legal problems.The time for the application of the system of confescation in China is still short,and there is still a gap in the law.Some of the shareholders under subscribed system banner,set up or increase in the company,set up a few hundred years of the extremely long time period to the subscribed capital,the company has been slow to capital adequacy,in the face of difficulties,the huge debt owed to creditors,whether can not contribution period the shareholders make prepayment request,or request the shareholders bear the supplementary liability in the scope of the company liquidation incompetent? In the current law,there is a rule that the shareholders' obligation to accelerate investment can only be implemented when the company enters the stage of bankruptcy and liquidation.If the company survives,can it request the shareholders to pay in advance? The judicial practice and theoretical circles are controversial,various theories is anecdotal,part of that creditors are naturally weak,focusing on the protection of the interests of creditors,there are some that subscribed system can not break through,there are other solutions to creditors.So under the system of recognition,is it reasonable to accelerate the shareholders' obligation to invest? How to balance the creditor's creditor's interests and the shareholders' term interests? What kind of adjudication should the law make to reflect the principle of fairness and justice more?Under this doubt,this paper applies the empirical analysis method to analyze a large number of related cases,and find out the mainstream thoughts of the accelerated shareholder investment in the current judicial practice field,and sort them out.This article also carries on the comparative analysis method,carries on the thought contrast to the domestic thought of shareholder's contribution duty and the domestic,further seeks for the reasonable legal support of the recognition and payment acceleration system,and puts forward some specific suggestions.