Sduty On The System Of Creditor’s Inspection Rights Of Company Asset Information

Protection of creditors’rights is one of the purposes of Chinese Company Law. Nowadays, company operation has a growing reliance on debt, but the phenomenon of skipping debt emerges endlessly and it has seriously damaged the interests of creditors. In practice, there are many limitations on the operation of traditional protect measures for company debt, which embodied in serious lack of capacity of acquiring the company property information. As the assets of the company is the guarantee of debt, creditor protection should firstly focus on perfecting creditor’s right to assets information of the company, and give full play to the enthusiasm of the creditors to protect themselves. Company law should found a framework on inspection system of the company creditors. Basic contents of this article are as follows:The first chapter demonstrates the limitations of our creditors protection measures which leads to the significance of constructing the system of creditor’s right of accessing asset information of company. First of all, protection measures of creditors’rights of our civil law and company law generally have limitations; Secondly, the creditor’s accessing right to the property information can not only compensate for the limitations of traditional protection methods, making creditor protection to achieve better results, also has its own special value.The second chapter discusses on the basic content and theoretical basis of creditor’s inspection rights of company asset information. Firstly, study on the definition and content of creditor’s inspection right, as well as to analyze the scope and ability to get information of company creditors. Secondly, research on the theoretical basis of the creditor’s inspection rights.The third chapter is trying to building and discussing on the excising conditions and programs of the inspection rights of company creditors. Firstly, build the conditions of exercise of the right from three aspects that are subject, objective justification and duty of confidentiality. Secondly, check out the content, timing, form, location and company review time is limited to five aspects to design procedures for check out. Secondly, design procedures for the creditor’s inspection rights from five aspects that are content, timing, form, location and the limit of company review.The fourth chapter is trying to building and discussing on the remedies of the creditor’s inspection rights. Firstly, discuss on the situation that company against creditor’s inspection rights. Secondly, introduced in the "investigation" to non-litigious relief program and make expansion of urging procedure in civil procedure. Finally, the jurisdiction and a defendant in proceedings finds, the allocation of the burden of proof on both sides and protective measures were discussed.