On Accelerating The Maturity Of Shareholders’ Contribution Obligation Under Subscription System

In March 2014 formally implemented the new "company law" of the radical reform of the corporate capital system,the registered capital contributed system to fully subscribed by the statutory capital system,to achieve "zero down payment",registered capital under subscribed capital contribution period also completely independently by shareholders in the company’s articles of association agreed,this symbolized our country fully into the era of system fully subscribed to.7th year of implementation of the new "company law",we could see very intuitive relaxing capital controls in advance the purpose has been achieved,but the legal capital contribution period from waste makes the company’s solvency an inverse relationship with the term of shareholder capital contribution,in a bankruptcy case,filed for creditor has not been shareholders to accelerate the capital contribution period expires cases emerge in endlessly,lead to shareholder capital contribution term interests and balance the interests of creditors to become new problems in the academic circles and judicial practice,thus leading to "accelerate" bankruptcy rules of the existence of systematic thinking space.Through the analysis and sorting of 67 cases,this paper summarizes the current situation of judicial practice in China and the root causes of different judgments in the same cases.Speed by combining the shareholder capital contribution obligations due at the main academic theory,view the summary of the dispute,the dispute focus of evaluation,and analyses the reason of theory and practice is not consistent,the root cause for each dispute focus,on the basis of this puts forward the concrete applicable not paid within the time limit of shareholders to accelerate method and the application of the specific path,thus the theory instruction practice,Suggestions to consummate the shareholder capital contribution obligation acceleration due for advice,guidance for the judicial practice has certain significance.The creditor’s protection mechanism fell to the ground,It is beneficial to the perfection of the commercial legislation system to achieve the real balance between the creditor’s interest and the shareholder’s term interest.