Research On The Improvement Of Creditors’ Interests Protection Mechanism

In 2013,our country carried out the reform of company capital system.The reform greatly relaxed restrictions on corporate capital,giving the shareholders the autonomy space,in which it conformed to the trend of the times.The legal minimum capital and paid-in rules of registered capital has been abolished,which makes the interests of the creditors exposed to the shareholders.The company capital system reform did not formulate the a complete set of rules to protect the creditors’ interests,and it could cause the interests between shareholders and creditors unbalanced.So it is necessary to further improve the company creditors’ interests protection mechanism,in the pursuit of the efficiency of the company’s capital at the same time to ensure the transaction security.This article will revolve around how to improve the creditors’interests protection mechanisml after the reform,divided into four parts to discuss.The first part first analyzes the status quo of the creditors’ interests protection found that the company creditor benefit protection did not form a complete system,the protection of creditors scattered distribution in the relevant laws.Then the article studies the impact of the reform to the creditor benefit protection,thus come to the conclusion that we need to further improve the creditors’ interests protection.Finally the article discusses how to protect the creditors’ interests by risk prevention mechanism in advance,assets supervision mechanism and the remedy mechanism of the creditors’right.The second part mainly studies how to use the creditors’ risk prevention mechanism in advance to strengthen the protection of the creditors’ interests.I analyse the content of the creditors’ risk prevention mechanism in advance,including company information disclosure system,the system of liability insurance and the social credit system.By studying the defects of the creditors’ risk prevention mechanism,I put forward to perfect the information disclosure system,the promotion of company liability insurance as well as the construction of social credit system to strengthen the creditors’ risk prevention mechanism.The third part mainly analyzes the assets supervision mechanism,including the company creditors to participate in corporate governance and the use of the principle of capital maintenance company under the background of corporate capital system reform.The article discusses the implementation of the supervision of the company by the creditors’ meeting and election supervisors to participate in corporate governance.Through perfecting the profit distribution program and share buybacks rules to prevent improper company asset transfers,which maintains the company capital adequate,realizing the regulation of the company’s assets.The fourth part mainly studies how to strengthen the remedy mechanism of the creditors’right in order to realize the protection of creditors.Through the adjustment of the corporate personality denial system,shareholders’ capital contribution obligation and responsibility,the directors’ liability towards the creditors,equitable subordination of bankruptcy claims system to achieve the purpose of to protect the interests of the creditors.