Research On Acceleration Question Of Shareholders’ Capital Contribution Obligation Under The Subscribed System

Before 2013,the company registered capital system was implemented in our country,after that,in order to better adapt to the development of the market economy,stimulate the market vitality,and improve the public initiative of starting a business,the capital subscription system has been determined in the Company Law since 2013.However,because the legislation does not have further provisions on the time limit for shareholders to fulfill their obligation to contribute,and there is no corresponding supporting system for the protection of creditors,it leads to the emergence of new problems,in addition to the bankruptcy of the company.Should the court support the accelerated expiration of the unexpired shareholder’s obligation to contribute?Due to the lack of legislation,the theoretical and practical circles In the course of the court trial,the phenomenon of different judgments of the same case abound,which seriously damages the credibility of our country’s judicature.From the theory,this paper lays a theoretical foundation for accelerating the maturity system of shareholder’s contribution obligation.As far as the theory of accelerated maturity of shareholder’s contribution obligation is concerned,there are three main theoretical points of view:negative theory,compromise theory and affirmative theory.From the perspective of positive theory,this paper analyzes the theoretical defects of negative theory and compromise theory,and improves the theory from the standpoint of agreeing to positive theory.Support affirmation can not be blind,not all circumstances should be accelerated due to shareholder contribution obligations,while protecting the interests of creditors must not excessively damage the legitimate rights and interests of shareholders.Therefore,this paper also analyzes the application of shareholder contribution obligation to accelerate the expiration of the situation.Finally,in this paper,there are four kinds of non-According to the analysis of the same path,it is considered that under the path of the Company Law,the regulation and perfection of the accelerated expiration of the shareholder’s contribution obligation is most suitable,and combined with the relevant legislation of foreign countries,two suggestions are put forward for the perfection of the accelerated expiration of the shareholder’s contribution obligation.