The Forms And Legal Liability Of Sharehoders' Slight Defect Investment

Capital contribution is an important part in corporation systems to shareholders, corporation itself and creditors. Therefore, the status and consequences of capital contribution shall actually affect the benefit of not only shareholders, but also corporation and creditor as a third party. However, serious problems in capital contribution were found in our domestic corporations for a long time, which sharply threatened transaction securities and impaired the foundation of social credit systems seriously. Newly amended Company Law gives great amendments and improvements to the too general stipulations in the aspects of defects of capital injection and its consequences, illegal operations and capital contribution system. Those are the essential updates of the law, while there remains weakness of insufficient operative instructions. Therefore, how to constitute an integral shareholder's capital contribution system is a topic that needs further study and theoretical discussion.This thesis is composed of four sections. The first section is basic knowledge, which focuses on presenting basic conceptions, reasons and harm of defect of capital contribution and points out the intention of thesis topic.The author analyzed the external expression forms of defects of capital contribution in the second section. Expression form is the premise of bearing responsibilities and base for possible responsibility sharing, so it is essential to outline and analyze the various of expression forms of defects of capital contribution.In the third section the author analyzed the characteristics and responsibilities of defects of capital contribution. It is the kernel of the thesis, which mainly described definition and characteristics of capital contribution behaviors and analyzed corresponding administrative, criminal and civil liabilities of capital contribution defects under current laws.The forth section is the conclusion and closing part of this thesis. Upon analysis and conclusion, the author pointed out three current drawbacks in the whole legal system including ignoring procedure rights and safeguard, ignoring shareholder's rights, unbalanced liability systems, and further raised point view of consumming the liability system of shareholder capital contribution in Company Law on the base of said analysis.