Research On The Application Of The Accelerated Expiration System Of Shareholders’ Capital Contribution Obligation In China

The reform of subscription system not only brings convenience to shareholders’ investment,but also brings some risks to creditors due to the lack of supporting supervision mechanism.In judicial practice,the phenomenon of creditors requesting shareholders to contribute capital in advance occurs frequently.The author found about 200 judgment documents of "accelerated expiration of shareholder’s capital contribution" on the China judgment document net.After a comprehensive analysis,the court held a conservative attitude towards the application of litigation procedures and enforcement procedures to the accelerated expiry of shareholder’s contributions.The author supports this approach,but at the same time thinks that there should be an exception to the application of the accelerated maturity system of shareholder’s capital contribution,including two cases of special creditor’s right and the failure of the company to pay off the debt through enforcement in the execution procedure,and the shareholder giving up the term interest.In addition to "introduction" and "conclusion",the article is divided into the following four parts:The first chapter is an overview of the accelerated maturity system of shareholder contributions.The establishment of the accelerated maturity system of shareholder contributions is mainly based on the independence of the company’s property and the value orientation of ensuring the fair repayment of the company’s creditors.There is controversy at both the level of practice and the level of practice.Different judgments in the same case are common.Chapter two is the judicial application of the shareholder’s capital contribution accelerated expiry system.The author first screens and analyzes the cases,including geographical distribution,comparison of the proportion of judges’ attitudes in different courts,and a classification analysis of the reasons for the reasoning of the court.They are mainly divided into two attitudes: the court supports and opposes shareholders’ early investment.Most of the opponents argue from the perspective of legal provisions,while the supporters seek the legal basis of applying the system from the perspective of civil and commercial law.The third chapter is the theoretical analysis of the accelerated maturity system of shareholder’s contribution.Firstly,the author argues that the system should be applied conservatively in the litigation and execution stage by refuting the legal basis of the supporting party.Secondly,the rule of presumption of knowledge,which is generally applicable in the current commercial law,is still defective.Finally,the author puts forward the applicable exception,and through the determination of the scope of special claims and the identification of insolvent two aspects to discuss the author’s point of view.The fourth chapter is the path construction of the accelerated maturity application of shareholder’s capital contribution.According to the two exceptions of the principle put forward in the previous article,the author constructs the path.The first aspect is the pre-regulation of the company’s management stage,the second aspect and the third aspect are the relief after the event.In view of the "special claims" put forward by the author and how to prove "shareholders give up the interests of the capital contribution period" two issues to strengthen the implementation procedure and the bankruptcy phase of the link.