On The Interpretation Route And Legal Effect Of The Accelerated Expiration Of The Shareholder’s Investment Obligation

The company law of 2013 stipulates that the company shall establish a subscription capital system,and the legal provisions concerning the accelerated expiration of shareholders’ capital contribution obligations do not automatically apply to the unexpired shareholders’ capital contribution under the subscription system,therefore,in the face of the practical needs of accelerating the expiration of shareholders’ investment obligations,there is no clear and specific applicable legal provisions at present.Most of the solutions put forward by scholars for the purpose of protecting the interests of creditors revolve around the applicable conditions and interpretation paths of accelerating the expiration of shareholders’ obligation to contribute capital.Not only has no consensus been reached in academic circles,and there is a bias in the interests of the abuse.Although the “Jiu Min Ji Yao”published in2019 clearly defined the accelerated expiration of shareholders’ contributions in two non-bankruptcy cases,this paper analyzes and discusses the basic legal principle of the accelerated expiration of shareholders’ contributions obligations,it is necessary to further analyze and clarify the applicable conditions and legal principles of the accelerated expiration of the shareholders’ investment obligation.This paper is based on the analysis of the evolution of the opinions on the People’s Court of 220 judicial documents.In this paper,using statistical analysis and literature research methods,first of all,for the shareholders’ investment obligations to speed up the expiration of judicial decisions,the evolution of judiciary opinion and related jurisprudence to sort out and differentiate;Based on this,the author puts forward a systematic explanation path,including the improvement of the explanation theory and the construction of the following legislation theory.Finally,the author discusses the legal effect of the explanation path.When it comes to the protection of creditors’ interests,it is necessary to prevent the application of shareholders’ investment obligation to accelerate the expiration without distinction,and to implement “Conditional acceleration expiration”in order to maintain the incentive effect of subscription system on investors’ investment enthusiasm.We should agree with the practical feasibility and theoretical rationality of non-bankruptcy accelerated expiration,and explore the applicable conditions of statutory shareholders’ obligation to contribute capital to accelerate expiration.To this end,it is proposed to establish a legal system at the legislative level to accelerate the expiration and collection of shareholders’ investment obligations,a systematic solution to the problems brought about by the subscription system,such as the imbalance of the rights of creditors and shareholders,the lack of regulation on subjective repayment and the loss of the company’s leading right to make capital contributions,in this way,we can realize the legal effect of supporting individual liquidation,keeping fairness and efficiency.