| The rules of shareholder investment have changed greatly after the reform of subscription system,triggering a series of disputes between the benefit of creditors and the benefit of shareholders of the debtor company.Existing cases with the phenomenon of different judgment is common.To solve the conflict of interest,we should not only consider the strength of the law,but also should we combine the nature of the subscribed capital system reform and judges’ reasoning in practical cases and understand that the subscription system gives "registered capital" certain credit endorsement attribute.We can’t ignore its shareholders on the size of the operation on the capital forecast.Under the circumstance that the subscription system will be taken as the contribution system in line with the national condition for a long time,to balance the interests of creditors and shareholders,we should clarify the relationship between limited liability system and subscription systemand further and refine the identification of the standard of "debtor can not pay off " and “the damage of the trust interest of the creditors”.In addition,it is particularly important to improve the supporting system for accelerating the maturity of investment obligation.Further broadening the content and channels of enterprise information disclosure can create a more transparent and dynamic business environment,and the clarity and improvement of payment responsibility can also promote enterprises to pay investment independently.In short,the improvement of it is the overall improvement of a system,rather than a one-sided process. |