Study Of Company Creditors' Benefit Protection Problem Undercapital System Reform In China

Balance the interests of company shareholders and creditorsis the basic path of modern countries m aintain the m ost important market body of com panies' normal operation in the "com pany law",the com pany law theory and practice study the questionof the company shareholders and th e creditors' benefit protection also has a long history.As is known to all,the im plementation of the new "company law" in 2014 opened the door to com pletely subscribed capital system in our country,an unprecedented autonomy is given to shareho lders,radical change co ntent,mainly related to the cancellation of the minimum amount of registered capital,the registered capital by the actually paid to the subscribed capital contribution of the system,ease monetary form,the abolition of compulsory verification procedures and so on,but without ignorance,we can' t strike a ba lance between the en trepreneurship and company creditors in this reform,the relevant supporting m easures of com pany creditor's benefit protectionfollow up slow ly,the protection of interests of the company creditors is to a large extent,so to speak this is a reform of catchingone and losing another,cases using the registered capital subscription to violate the interests of the company creditors occurred frequently.In this regard,the company law of theory and practice launched a new round of deep study and intense discussion about the company creditor benefit protection,th e relatedresearches are enduring in thecompany legal science.This paper is com posed of five parts.The first part is th e introduction of the paper,to focus on the background,the theoretical significance and practical significance of the selected top ic,comb the research status on the of the interests of company creditors,which comes from domestic and foreign experts and scholars,and then explains the research methods and ideas and the innovation points.The second part introduces the company cr editor interests protection and capital system reform overview.Firstly,define the company creditors;Secondly.analyzes the theoretical basis of the company creditor interests protection,including value balance theory and stakeholder theory;Finally,on the basis of the reform of the cap ital system,the author analy zes the impact of capital system reform on the interes ts of company creditors.The third part is the implementation situation of capital system reform in China,and the protection of the company creditorsinterests.Firstly,the paper analyzes the the implementation situation of capital system reform in Shanghai,and then analyzes the theoretical dilemma of the co mpany creditors interestspro tection in our country.It mainly shows that the regis tered capital is w eakening the guarantee function of creditors,company credit system needs to be established,protection for the creditor's right to know is around the corner.Finally,it points out that the realistic dilemm a of the protection of company cr editors interests in our co untry,including that the phenomenon of "two evils and flies" is beco ming more and more difficult in practice,and the standard of recognition of capital is obviously insufficient.In the end,it is difficult to establish the cr editor's right,The problem of relevant accountability mechanism is highlight.The fourth part is the the analys is of the practice and enlig htenment of foreign capital system and the protection of com pany creditors interests.Firstly,it introduces the author's capital sys tem in the United States,and the practi ce of protecting the interests of com pany creditors is reflected in the perfect credit inform ation flow mechanism,the advanced com pany's share payment mechanism and the powerful legal personality denial system.Secondly,it introduces the author' s capital system in the Japan,and the practice of the protection of the interest s of company creditors is embodied in the ef fective commitment of the directors to the third party' s responsibility and the clear di sclosure of the com pany's assets.Finally,the author summarizes the revelation of the protecti on of the interests of foreign com pany creditors to our country.We should pay atte ntion to the publicity of the creditor' s interests,sexual protection and priority protection.The fifth part puts forward the proposal about the protection system of the company creditorsinterests in China under the capital sy stem reform.Firstly,to change the the legislative concept of protecting company creditor interests,including from the capital credit to the asset credit,from pre-control to ex-post regulation,from compulsory protection to self-protection;Secondly,to strengthen the early warning mechanism of protectin g company creditor in terests,sp ecific measures include strengthening the company credit system construction,information disclosure system construction and strengthening the supervision of independent directors;Furthermore,to improve the protection of company cr editor interests protection mechanism,including creditors to participate in corporate governance and the introduction of the rules of equalization;Finally,improve the corporate creditor interests protection responsibility mechanism,including the improvement of the directors of the company executives responsibility,additional call for the pre-procedures and improve the legal personality of the system of the three aspects of the system."His mountain,can offend jade",however,each the survival and development of legal system must have its s uitable soil,we l earn from foreign advanced experience to resolve the company creditor benefit protection problems at the sam e time must pay attention to "take the essence and discard the dregs",in order to establish a system of company protection in line with the practice of capital system reform in China.