Study On Legal Issues Of Shareholders' Violating The Obligation Of Contribution

As an economic organization form,the company plays an important role in our country market economy,the obligation of contribution is an very important issue.To the company ,the capital contribution of shareholder is the premise of the companys'legal personality. To the creditors of the corporation, it is the guarantee,it's also the foundation of interest realization to the other shareholders.Obligation of capital contribution of the shareholders are different under different capital system. Along with our country social market economy development, newly amended company law emerges as the times require and make a significant change. The original capital system gradually improve, the obligation of capital contribution is relaxed and social resources is encouraged to create wealth. But everything has two sides.The freedom obligation of capital contribution has been enhanced,but it also brings roumania for violation of obligation. The new company law about law violation of shareholders obligation of capital contribution is general and simple, coupled with the laws and regulations lagging,resulting in the behavior of obligation of capital contribution is very common,it damages the interests of the company, the company's creditors, other shareholders.Through discussing the relevant issues of the obligation of capital contribution,it can covers relevant important theoretical and practical problem and solves the problems in the theory of practical needs. Currently the theory research about violation of obligation of capital contribution is not enough and system, therefore, the author think that the research is very important and can also improve the legal theory.This paper discusses questions from four aspects:The first part cards the legal principle foundation of shareholders'violating the obligation of contribution.Firstly, the author analyzes the legal nature of shareholders' contribution from contract theory perspective, Secondly, the author analyzes the relationship between the obligation of capital contribution and capital system. The author analyzes different obligation under capital system, then discuss obligation of capital contribution under our new company law system from three aspects. Finally the author briefly analyzes the relationship between the contribution and shareholder entitled.The second part the author comprehensively analyzes the shareholders'violating the obligation of contribution from concept, nature and theoretical classification. Because of the freedom of new company law, the author in this section also emphatically analyzed special problems under special contribution.The third part is the key in this paper. The author analyzes the liability of the shareholders who violating the obligation of contribution to the company, the company's creditors, other shareholders,discussing from liability nature, doctrine of liability fixation and methods of bearing liability.Through the analysis of the foregoing three parts, the author in the fourth part provides his views about pitfalls for new Company law.It mainly discusses tow aspects,one is the definition and the other is the liability.