Legal Research On Corporate Credit Guarantee Under The Reform Of Company Law Capital System

Company system of capital is an important legal system in the company law,on one hand which is mainly related with the specific process,for example the provisions for the establishment of the company,business,changes and exit the program,and on the one hand,which has an important guiding significance on the company’s normal business and the company’s credit guarantee.Therefore,under the different capital on social,economic,political and legal background,since 1993 company system of capital had attempt and amended better to realize function of system as maintaining the company credit and protecting the interests of creditors from time to time,in order to promote the market economy legally,stately,orderly,integrity develop.In 2013 the major changes in the company’s system of capital are that the companies set up lower the threshold of setting up in order to encourage people to invest in the capital market,and release bonus of the market.Through government power subtraction,the market gets vitality of multiplication.Reform is to establish a “back-end model” replacing the “front-end control”,for the vast number of investors can establish company conveniently,however how to improve the measures to ensure the follow-up reform which has become imperative.Based on this consideration,this paper regards the company system of capital reform as background,regards the guaranteeing company credits the purposes of researching,utilizing domestic and foreign advanced legislative experience,this paper puts forward the legal advice of guaranteeing company credit.This paper is mainly divided into the following four parts: the first part introduces the background and significance,and introduces the content and effect of the reform of company law through the study of literature home and abroad;following introducing the research method of logic briefly;The second part directly introduces the relationship between capital system of company and company’s credit through theoretical analysis.Regarding the legal definition of enterprise credit as the starting point,this part analyzes logical relationship between the company’s system of capital and the old company credit,and the old company system of capital specific security measures;the third part mainly introduces the content and influence of the new reform of company law,through introduction and comparing legal mechanism of our current company system of capital,this paper puts forward existing problems;the fourth part targeting the problems occurring above on enterprise credit puts forward specific comments and suggestions from following four angles :inside the company 、 company’s creditor 、 enterprise system of credit 、 perfect judicial application of company law in order to establish a strict legal protection mechanism,which fully guarantees the company credit,and not raise the threshold of investors so that this accords with economic background of wide-spread entrepreneurship and innovation.