Research On The Legal System Of Creditor's Interest Protection Under The Company's Asset Credit

The company capital system occupies the core position in the company law.With the revision of the company law in 2013,China's strict legal capital system has been alleviated and innovated to a certain extent.This is another institutional breakthrough based on the reform of the company law in 2005.One of the goals and values of this legislative reform is to change the long-cherished idea of capital credit and transform it into asset credit.Protecting the interests of creditors is one of the important goals of the company's capital system,so the company's capital system and creditor's interest protection are interdependent and inseparable.Therefore,how to protect the interests of corporate creditors in the asset credit is a hot topic.The company's capital system has been on the mission of protecting the interests of creditors since its inception.But before the change in the company law,the legal capital system based on capital credit,its attempts to fixed,rigid standards governing the flexible and changeable market economy,not only can't realize to protect the interests of creditors,back to company independent management and investment cause unnecessary bound.Subscribed capital system reform of social development trend,compared to the original company capital system of the fully respect the market main body of business autonomy,to realize the change of the capital credit to assets credit,to activate the market economy,strengthen market flexibility system has certain advantages and rationality.Specifically,the reform in addition to special provisions of the law,cancel the minimum registered capital,capital contributed limit,to reduce the company set up a threshold,ease market access controls and a series of major initiatives,to strengthen the company's shareholders autonomy,the shareholders shall have the right to freedom of contract in the company's articles of association the minimum amount for the first time,have the right to decide investment scale,investment style and investment period,fully respect the shareholder business freedom,independent right of shareholders get larger degree of satisfaction.But as the company law of the change,subscribed capital system of weakening of the creditors' interests protection function will make the original rely on established legal capital system depends are related to the creditor benefit protection system,if there is no perfect system effectively follow up,may lead to imbalance between the interests of the shareholders and creditors,lead to unfair trading,eventually make creditors get great damage.The protection of creditor's interests has always been an important goal under the capital system,so it is necessary to attach great importance to the protection of the interests of creditors under the capital system.But because our country current law is not perfect and the lack of supporting measures of the creditors' interests to protect the creditor benefit protection,surfaces have the risks have,must to suggest that scientific and reasonable measures to avoid risk,to protect the legitimate rights and interests of creditors.Therefore,this text the first part through the comparison of two kinds of capital system,before and after the revised company law,from the perspective of the capital credit and asset credit,analysis of the original based on capital credit system of legal capital system's inherent defects as well as to the creditor benefit protection,the discussion based on assets credit subscribed capital system of rationality;The second part from the legislation of the legal system,through the study of the company law in our country and its judicial interpretation,through reading the terms of law,to understand the in credit assets under the company law on the provisions of the shareholders' capital contribution according to the facts and the company legal person personality denial system,information disclosure system,the annual report system of law regulation,in order to protect the interests of the obligee's right to know and.In the process of for further interpretation of the law,through the analysis of law,is also found in the context of the credit assets,the above system has some problems,and these problems which is unfavorable for the protection of the interests of creditors,so with questions the author continue to write the next two parts content.The third part is to learn to draw lessons from foreign capital system under development how to protect the interests of creditors,through to the understanding of the legal system of Britain,the United States and other countries,for our country to protect the interests of creditors under the asset credit deficiency,summarizes some can draw lessons from the system.The fourth part put forward the concrete solution,aimed at our country assets credit creditor benefit protection under the lack of relevant legal system,combining with the relevant system,can draw lessons from abroad and based on the national conditions of our country and the value choice and make proposals for the perfection of the legal system of,to the potential risk of the creditor benefit protection regulation: one by one,such as the improvement of the corporate personality denial system,perfect the credit system of the company and so on.From "the legal system of capital paid in" to "subscribed capital system" development,reform is a significant achievement,created a good comfortable market environment for enterprise development,added a lot of energy for the market economy,as well as our country company law and the international community to lay a solid foundation.On the whole,the reform is of great realistic and theoretical significance to further grasp the theoretical development of our company law and the future trend.However,because of the lag of the law and legal system always can't economic situation exactly match with reality,so to protect the interests of the creditors under the asset credit problems must be studied and solved,to make thecompany law to better serve the economic,this article on the basis of research on subscribed system related issues come up to the creditor benefit protection.