On The Company Creditors Involved In The Legal System Of Corporate Governance

The evolution of any system is a long process, the legal system from scratch and gradually strengthen, from the perspective of the development of the Law in China, the establishment of the system of protection of creditors of the company as well. Our company creditor protection system as well. Build from the specific system of company law in disregard of corporate personality system, the statutory capital system, company information disclosure system, as well as creditors in the liquidation of the company stage protection system are measures of positive law system of law for the interests of the creditors of the company. Although our company creditor protection system has made significant progress, but must also see that the creditors of the company in the current protection system there are passive and afterwards characteristics, so that it has considerable limitations in the protection of the creditors of the company. In fact, in order to strengthen the protection of the creditors of the company, the creditors of the company is to solve how to strengthen oversight of the company, the company creditor protection system initiative and advance" characteristics. In other words, the company’s governance should no longer simply the concern of the shareholders of the Company, the interests of the managers, the protection of the creditors of the company should also be incorporated into the company’s governance. Make the creditors of the company to participate in corporate governance, it must be given its specific identity, make it as relying on the exercise of the corresponding terms of reference. The author will be starting from the real problem of corporate governance leads to the creditors of the company to participate in corporate governance era background, through in-depth research interests relate theory to analyze the legitimacy and necessity of corporate governance, in support of this theory, drawing on the useful exploration of the countries on creditor participation in corporate governance, conceived-a meeting of creditors of the Company system proposed Establishment of the creditors of the company to participate in corporate governance, and to build a sound corporate governance structure in China by this system.In this paper, the structure is divided into five parts.The first part of this section, including the protection of the Companies’ Creditors creditor status quo and problems of the Law in China. Practical problems found in the analysis of corporate governance by the urgency of the current law in the protection of the creditors of the company to provide a realistic background below theoretical proposals put forward.The second part of the creditors of the company own characteristics as well as the creditors of the company to participate in the corporate governance of the value of these two angles, the legitimacy of the creditors of the company to participate in corporate governance analysis. The article believes that the terms of the creditors of the company, can make up for the deficiencies of the traditional protection of the creditors of the company; company, and prevent internal conThe second part through the theoretical basis to support the company’s creditors to participate in corporate governance-the interests of stakeholders theory are discussed. Present, there are more than30kinds of definition in the understanding of the stakeholder concept. The stakeholders theory is that the company is not simply a collection of physical assets, but a combination of various inputs. Shareholders of the Company only provider of physical capital, in addition to the company, employees, creditors of the company, other stakeholders also invest the assets of the company’s operations, investment stock assets, at the risk of the company, thus its stakeholders also bear some of the remaining risk, and even in some cases greater than the shareholders of the Company, its relatively weak risk aversion capacity, which the company resources should be used to meet all the fact investment in the company and the risk the needs of the people, that they are endowed by their certain residual rights of control, and to integrate them into the corporate governance body. Although the main scope of the definition of stakeholder still can not reach a full agreement, but in general, the employees of the company, the creditors of the company are defined within the scope of the company stakeholders. Learn from the interpretation of different scholars to stakeholders, I believe that the creditors of the company as one of the main participants in the company, should be used as one of the main interests of stakeholders and their legitimate rights and interests should be taken seriously.The third part from the creditors of the company’s own characteristics, and the creditors of the company to participate in the value of the corporate governance of these two angles, the creditors of the company to participate in corporate governance legitimacy. The article believes that the terms of the creditors of the company, can make up for the deficiencies of the traditional protection of the creditors of the company; company, and prevent internal control, reducing the company’s agency costs; socially, to promote the harmony of the relationship between the interests of the company, maintaining social orderly, fair idea of practicing law.The fifth part of the creditors of the company to participate in the corporate governance system build. This paper argues that the system construction must first find out to protect the the company creditors creditor status quo and the problems of the Companies Act. Followed by confirmation of the creditors of the company to participate in the corporate governance system built principle. The main priority to efficiency with due consideration to fairness principle, the principle of proportionality, in line with the national conditions and principles of the three major principles. Finally asked the creditors of the company in China to participate in the corporate governance system. Build specific systems carve two major expositions, the first part is to explore the creditors of the company in China to participate in the main choice of corporate governance as well as the form of choice; choice analysis of the second part in the selection and form of the main creditors of the company in China to participate in corporate governance on the basis of, asked the creditors of the company in China to participate in the legal system of corporate governance should be the main creditors of the company meeting. System of the meeting is to convene a meeting of creditors of the company, a more detailed discussion of the company’s confirmation of the claims of the creditors’ meeting and the rules of procedure, the terms of reference of the company’s creditors’ meeting."When the operations of a company in a good legal system, the greater its overall value than in the operating system of a lack of protection.""External shareholders and creditors of the company can not effectively protect the country, valuable the company will be reduced."look forward to in the course of our ongoing development and evolution of the Companies Act, there will be more valuable to the company growth and leafy excellent soil on the rule of law.