Research On The Accelerated Expiration Of Shareholder's Capital Contribution Liability In Non-bankrupt State

The implementation of the company law in 2014 endows shareholders with the benefit of the term of contribution.According to the current relevant laws and judicial interpretations,except for the dissolution liquidation and bankruptcy liquidation,creditors have no right to request the acceleration of the expiration of the shareholders' capital contribution responsibility before the expiration of their term of contribution.However,there have been different opinions in the theoretical circle and different judgment conclusions under similar circumstances in judicial practice.The minutes of the national court civil and commercial trial work conference issued in December 2019 clearly stipulates the application of accelerated maturity of shareholders' capital contribution liability under non bankruptcy status,but there are still problems on the protection of creditors' rights and interests.On the basis of empirical case analysis and comprehensive analysis of the views of all parties in the theoretical circle,this paper deeply analyzes the causes of the problem of accelerated maturity of shareholders' capital contribution liability under non bankruptcy state,and puts forward feasible suggestions for improving the rules and supporting measures of accelerating the maturity of shareholders' investment liability under the non bankruptcy state by referring to relevant foreign legislative experience.This paper includes five parts except the introduction.The first part is an overview of the accelerated maturity of shareholder's capital contribution liability under non bankruptcy state,combing the definition and relevant legal provisions of the issue;the second part is the case analysis of accelerated maturity of shareholder's capital contribution liability under non bankruptcy state;the third part is about non bankruptcy On the basis of summarizing the positive,negative and compromise theories,this paper analyzes the reasons for the formation of such claims under the non bankruptcy state;the fourth part is the legislative reference of foreign shareholders' accelerated maturity of capital contribution liability,introduces the relevant experience of the company law legislation of the United States,Japan and other countries,and puts forward some suggestions The fifth part is the suggestion of perfecting the rules and supporting measures of accelerating the maturity of shareholder's contribution responsibility under the subscription system of our country,including perfecting the rules of current law on accelerating the expiration of shareholder's contribution responsibility,establishing and perfecting shareholder's contribution urging measures,perfecting enterprise information disclosure measures,speeding up the establishment of market credit evaluation system,and broadening othermeasures Some feasible suggestions are put forward from five aspects,such as alternative relief channels.