Research On The Protection Of Creditors' Interests Under The Corporate Capital Subscription System

In order to stimulate the vitality of the market economy,China introduced a series of reform measures on the corporate capital system in 2013,among which the most significant reform is to change the capital system from paid-in system to subscription system.The establishment of capital subscription system not only cancels the mandatory capital verification procedure when the company is established,but also no longer imposes mandatory restrictions on the maximum period of instalment payment and the minimum amount of registered capital for shareholders,greatly simplifying the previously complicated company establishment process.The massive capital system reform to stimulate the vitality of market economy at the same time,followed by capital system reform under the background of modified due to the self-regulation of the market economy is not enough to cope with all sorts of problems,resulting in a series of various potential threat under the new policy of the creditor benefit protection problem,unfair for creditors.The reform of the company registration system is a major strategic decision to stimulate the vitality of the market economy.With the support of national policies,small and medium-sized enterprises are springing up like mushrooms,which not only stimulate the entrepreneurial passion of individual businesses,but also provide new impetus for the growth and transformation of the market economy.Undeniably,the advantages of capital system reform are obvious,but the potential problems,such as the lack of a complete personality denial system,imperfect shareholder accelerated expiration system,incomplete enterprise information disclosure and other issues,make it difficult to protect the interests of creditors.In order to solve these problems,only an analysis of the deep causes of the problem,put forward has applicability solutions to problems in practice,not only more enough to make the interests of the creditors can get maximum protection,and make a new system of capital as possible under the market economy system shows its the biggest advantage of,constantly source power for the development of market economy.Strong policy support and sound institutional guarantee for the protection of interests of all parties can provide a strong support for the implementation of the new capital system.In general,a perfect system must be able to balance the interests of all parties,on the whole in terms of new capital system reform,should be able to balance the creditors in the process of applicable the rights and duties in the relationship with the company and the shareholders of a company,make the interests of the whole security presents a dynamic balance,only in this way,can ensure the development direction of the market economy high speed running on the right track.This paper is mainly divided into four parts to analyze the protection of the interests of creditors under the subscription system of China's registered capital and the solution of the in-depth study.The first chapter expounds the negative influence of the subscription system of registered capital on the realization of creditor's rights and the positive protection.Deep understanding of the positive and negative antagonism between the subscription system of registered capital and the protection of creditors'interests.The second chapter mainly elaborated our country exists under the system of company capital subscribed to the cancellation of the minimum registered capital restrictions,the statutory capital verification procedures,the contribution form diversification as well as the problems existing in the company legal person personality denial system legislation present situation and the current our country shareholder under the system of registered capital subscribed capital contribution period of uncertainty,the creditor benefit protection responsibility is lack of specific subject,lack of perfect investment worth of application and enterprise information publicity system imperfect and so on exist of creditor protection,some problems found in a specific problem,it is concluded that to match the corresponding solutions.The third chapter mainly introduces the good for a day of on behalf of the continental law system of company capital system and the Anglo-American law system of company capital system represented by Britain and the United States to protect the interests of creditors,through the analysis of the continental law system and Anglo-American law system the advanced experience of corporate capital system of company creditors and extended discusses the legislation system of foreign capital to the creditor benefit protection.The fourth chapter mainly based on the analysis of the problem put forward the corresponding solution measures,the useful experience of the creditor's interests protection in foreign countries as a reference,accord with the actual requirement of our country current targeted measures are put forward,such as specific perfect for registered capital worth of procedures,to invest to establish a relatively perfect speed system,due to specific director of creditors' legal responsibility and perfect our country company the legal person personality denial system applied measures,through the concrete and feasible measures to guarantee the interests of the creditors.