The Research On Balancing Of Interests In The Company Capital System Reform Of China

Any one of the system will involve certain stakeholders’interests,which may be unified,opposite or both.Then,the legal system is a rule,which regulate interests between relevant stakeholders,to maintain a healthy and orderly relationship.And in order to achieve the harmonious development of all kinds of interests between the stakeholders,the rule shall adjust the ratio of the amount of all sorts of interests,balancing the interests of each body.Otherwise,once the ratio imbalance,it will result in conflict and confrontation between the various interests,intensifying conflicts,which is not conducive to the interests of all parties.The formulation of the legal system needs an idea to support.The idea,which guides the formulation and modification of the legal system,balancing different interests,is called the idea for balancing of the interests.However,interests balance does not mean that it requires protecting the various equally.It needs a measurement of interests to find higher rates of interest,and provides the preferential protection for them.But the preferential protection the high-level benefits,is not at the expense or damage of the lower ones.Therefore,the idea for balancing of the interests requires the reform of the legal system to balance the different level interests,when it protects the higher level interests,does not hurt the lower interests.Throughout the history of our company law changes,we will find that each revision of corporate law happened when the interests of the existing system-related serious imbalance,and is difficult to adapt to the trend of the times.At present,the idea for balancing of the interests has been paid attention by administrative law scholars and legal practitioners,but little by the Law scholar.The company capital system as a core system of the Corporation Law,which adjusts extensive and complex interests,is the focus of corporate law reform.Therefore,it is very important to balance different interests,when reforming the corporate capital system,otherwise the reform will be difficult to produce the desired effect,and even lead to new conflicts of interests.This paper mainly uses the idea for balancing of the interests,to explore the gain and loss of corporate capital system reform,and makes a comparative study on the extraterritorial related systems,to ultimately provide recommendations for the improvement of Company Capital System.This paper is divided into three parts,introduction,body and conclusion,in which the body part consists of three parts:The first part:To discuss the theoretical foundation of the idea for balancing of the interests being the guiding philosophy of the company capital system and the connotation of the idea.This section mainly describes the law and philosophical basis of the idea,and why the idea becomes the theoretical basis of the company capital system,and then discusses the connotation of the idea in the system.Using the theory of balancing of interest to analyze the value of the interests of the company capital system,finding high-level benefits and balance the relationship between them and the lower benefits.The second part:Analyze the new company capital system with the idea for balancing of the interests.This section firstly introduces the background of the reform,and then explains what benefits the new company capital system provides the preferential protection and why.At last,it analyzes the gain and loss of the system.The third part:Through a comparative analysis on the orientation,in the interests of Chinese and Extraterritorial company capital system,to find the drawbacks of the system,and provide comprehensive recommendations to perfect the system.