Research On The Accelerated Maturity Of Capital Contribution Obligations Under The Capital Subscription System

Based on the needs of the macroeconomic situation and weaken the intervention of administrative organization,the new reform of Chinese Company Law removed the restrictions such as the statutory term of capital contribution and established the new governance system of capital subscription system.This reform has stimulated the vitality of market capital greatly,improved the government administration ability and the development of market economy.But,the reforms also gave too much unlimited rights to shareholders and caused the imbalance of rights and obligations,lacking of corresponding creditor protection.Once the shareholders refuse to assume supplementary liability for the company's debts by agree on an excessively long investment period on the grounds that the capital contribution period has not expired,existing rules won't protect creditors' interests efficiently.Up to now,a large number of cases related to accelerated maturity system have been produced with diametrically opposite results.In view of this situation,the application of accelerated expiration of shareholder's contribution should be strengthened.We should find the solutions from the root of the problem to determine the applicable basis and specific implementation path of the system.Finally,through the corresponding system design to determine the appropriate way to accelerate the expiration of the system to provide an authoritative and unified measurement basis for judicial adjudication.