Shareholders Funded The Defects Liability Study

In modern times, companies play important role in the market activity. In china, with the foundation and perfecting with the market economy system, the company shows its importance and force more and more. To enrich the company capital is vital to the company legal personality, and defects of contribution of shareholder will harm the foundation of the company legal personality. According to the obligation of shareholders' capital contribution in company's constitution, the opposing parties get information, make judgment to company's ability, forecast the result of business, and decide to trade or not. Defects of contribution of shareholder will make company's constitution fake, and affect trade confidence and credit, even result in shrinking of business or cheat each other in all society. Obligation of shareholders' contribution is related to equity among shareholders. According to the same share, the same right, defects of contribution of shareholder will make unfair to other stockholders, and also affect the stability and development of the whole economy society. However, there are so much defects of contribution of shareholder in actual economic activities, and massive dissention be incurred, the social stability is put into danger, and credit is harmed. Therefore, to ensure obligation of shareholders' capital contribution be achieved, the responsibility of defect of shareholders' capital contribution should be studied. But the theory study is comparative weakness, so the author chose this subject, expecting some breakthrough and innovation and direction to justice practice.Based on the investigation into system and theories about the responsibility of capital contribution in china and foreign countries, applying the method of comparative research and demonstration analysis, the author probed into related problem to the responsibility of capital contribution of shareholder, and discussed on the signification, characteristic, common form and estimate standard of defect of shareholders' capital contribution and the correspond responsibility. The stress of this thesis is the responsibility of capital contribution of shareholder, including its concept, character, value object, categories, quality, gist, blame principle, applying condition, fashion of assuming responsibility, and reason of exemption. The author studied the special of the responsibility of capital contribution of shareholder with company law, as well as the guidance of common theory of civil responsibility. The question that shareholder should assume obligation to creditor on the basis of defect of capital contribution or not is also be studied, and the conclusion is No. At last, the author summarized the progress of company law in china on constructing the system of the responsibility of shareholders' capital contribution, and advanced some rationalization suggestions on the basis of comparative study.