Research On The Legal Issues Of Accelerated Maturity Of Shareholder Capital Contributions Under The Subscription System

The reform of the subscription system in 2013 caused a conflict between the interests of shareholders and the protection of creditors 'interests.The lack of relevant laws caused by the lag of legislative work has led to the phenomenon of different judgments in the same case in people's courts everywhere.In order to solve this dilemma,theorists have proposed different solutions.Based on the strict distinction between the expiry of the expiry of shareholders 'capital expiry and the legitimacy,it advocates the establishment of a multi-level expiry system for shareholders' expiry of capital contributions.There are three chapters in this article.The first chapter mainly analyzes the legitimacy of the accelerated expiry of shareholders' contributions.After clarifying the connotation of each module in the system of accelerated maturity of shareholders 'capital contribution,this chapter attempts to discuss the legitimacy of the accelerated maturity of shareholders' capital contribution from the perspective of the interests of the three main bodies of shareholders,companies and creditors.After demonstrating the actual value of the accelerated expiry of shareholder contributions,Chapter 2 mainly introduces the actual situation of accelerated expiry of shareholder contributions.This chapter starts with a judicial case to demonstrate the phenomenon of different judgments in the same case and analyzes the cause of the phenomenon.Subsequently,the author made a "legislative theory" and "current legal norm system" for the solution path of the accelerated expiry of shareholder contributions by the theoretical circle.The distinction between "law interpretation theory and law application theory" under the following section is to conduct a feasibility analysis on the law interpretation theory and the law application theory.On the basis of determining that the current legal norms cannot completely resolve the conflict between the shareholders 'interest and the creditor 's interest,it is recommended to adopt legislation The above rules clearly stipulate the expiry of shareholders' capital contributions.The third chapter is the content of countermeasure construction,the emphasis is on the design of the basic rules for the accelerated expiry of shareholders' contributions.