An Empirical Study On The Capital Reduction System Of Chinese Companies

In recent years,disputes about corporate capital reduction have occurred frequently,Judging from the judgment results of local courts,it can be seen that Chinese courts are not unified in judging the legal problems existing in corporate capital reduction disputes.This article through those case,collect the referee analysis for companies around the court dispute cases of the action of the referee,in teasing out the company disputes the action of controversial legal issues,reflect a line of company system that exist in the legal loophole,the action of main countries in the analysis of continental law system and Anglo-American law system about the system design and the combination of the action of company based on local circumstances in our country,draw lessons from foreign beneficial legal experience,proposed consummates our country company system,the action to solve the issues existing in the practice of great significance through the analysis of relevant cases,practice to the company disputes the action of the controversial legal issues.Through the analysis of relevant cases,practice to the company disputes the action of the controversial legal issues can be summarized as the following three aspects: First,the company are defective application effectiveness of the action of the action of problem about the problems,mainly because the company is not effective to perform the action of announcements,procedure and the action of cause,this article will analyze the company decision and the action of decreasing investment behavior;Second,the protection of shareholders' interests in the company's capital reduction is mainly about the impact on shareholders' equity ratio when the company adopts different ways of capital reduction.This paper proposes to introduce the mechanism of shareholders' meeting voting rights to protect shareholders' interests.Third,the company creditor benefit protection question is mainly about the action of the action program was flawed,lead to the creditors is not pay off debt or didn't get the company guarantee,this paper argues that can draw lessons from the company to stop the action of action of the invalid claims and litigation.The protection of creditors in this paper,the perfect company disputes in the action of the company are defective program for the action of the action of company shareholders' interests protection and the action of the interest of creditor protection problems are analyzed,and the action to solve the issues existing in the practice and unified judicial referee is of great significance.