Study On The Accelerated Maturity Of Shareholder Capital Contribution Under The Non-bankruptcy Status

The revision of the Company Law has changed the capital system that has been implemented in China.The reform of the subscription system has guaranteed the corporate autonomy and made the operation of the company more efficient.However,due to the natural contradictions between creditors and shareholders,the imperfect current legal system and the imperfect measures supporting the subscription system,a large number of shareholders evade the obligation of capital contribution by maliciously agreeing on a long period of investment or arbitrarily extending the period of investment.Therefore,some people advocate that the interests of creditors should be protected by accelerating the maturity of shareholders’ capital contribution.Three academic views are "affirmative","negative" and "compromise",which are discussed from different perspectives.In judicial practice,there are also a large number of cases that advocate the accelerated maturity of shareholders’ investment under the non-bankruptcy state,and the judgment opinions of different courts are different,and there is no unified way of solution.The introduction of the Nine People’s Minutes has a guiding role in unifying the views of judgment and clarifying the thinking of judgment.However,in view of its legal nature and specific application problems,it is still difficult to find a clear legal basis for this problem.In fact,whether from the perspective of capital enrichment principle,or from the perspective of corporate autonomy,it is reasonable to accelerate the maturity of shareholder investment in the non-bankruptcy state.China should improve the relevant laws as soon as possible,clear the specific situation and responsibility type,and auxiliary related supporting system such as enterprise information publicity system and the board payment system,to protect the legitimate rights and interests of creditors,make the capital system can both creditors and shareholders interests,promote the healthy development of market economy.