Legal Study Of Secondary Creditor's Rights In Corporation Law

Nowadays ,the interests of many subsidiary corporations and their creditors are more and more damaged by their mother-corporations through inside trades ,which illegally transfer the risks between them .However ,the relative legislations are not able to satisfy the need of the market ,and this phenomenon is greatly due to the lack of deep research about the theory and our spirits of blazing new trails .The new Corporation Law was greatly expected to restrain or forbid illegal operations between such relative corporations ,but actually it has been showing us some faults in dealing with the former problem since it got effective on the first day in 2006 ,and there is sure a much distance for us to go before the fair and the justice really come .And just for this reason ,I've got to make a try to discuss the following contents in this paper .Chapter 1 tells us some basic theories of the principle of secondary creditor's rights ,which contains mainly three parts :concept and character,basics and development of the theory,and the relationship between it and the secondary creditor's rights in other laws (such as The Property Law,The Contract Law,The Bankruptcy Law,and The Finance Law ).Chapter 2 tells us some different opinions about the principle from different fields ,which contains two parties :the contributions and the short comings,the difference between it and the theory of the deny of the legal personality of a corporation.Chapter 3 tells us something about the standard of application of the principle, which contains also two parties: Analysis about a few aspects of the application (divided into the static state and the dynamic state), and the prerequisites of the application of the principle.Chapter 4 mainly gives us some suggestion about how to establish the principle of the secondary creditor's rights in our corporation law. And it first tells us what situation our legislation and judicature are facing nowadays, and then gives us an idea about how to entitle the judge to deal such legal issues more freely, as well as what to mind during relative legislations.