Improve The Subscribed Capital System Of Our Country’s Law

In 2014 the company law changed China’s capital system from the paid in capital system of the past into the subscription capital system, the paid in capital system requires the shareholders to pay capital actually to the company,while the subscribed capital system only requires the shareholder to pay the capital contribution and does not require the actual payment. After the establishment of the subscribed capital system, the capital regulation system at the establishment stage has been further relaxed, reducing the threshold for the establislhment of the company and helping the government alleviate the employment pressure and stimulate the vitality of enterprises. But at the same time, the establishment of the subscription capital system also brings some problems. Therefore, in order to better protect the interests of creditors, firstly,this paper studies the evolution of the capital system of the two major legal systems, the reasons for the reform of the capital system in China, the reform of the paid in capital system into the subscribed capital system, and the reference significance of the capital system refonn of the two major legal systems to China; secondly, subscription capital system after the establishment of the establishment of capital regulation stage will appear insufficient,transaction security is destroyed and the capital of the company is not true,and the operation stage will appear the company credit crisis, the lack of information disclosure, directors and officers’ liability is unclear and the rights of creditors have little protection problems; finally, in order to solve the problems in practice, through the analysis of being paid capital system based on the theory and practice, in combination with the actual situation of our country, this paper mainly from the strengthening shareholder guarantee responsibility, mandatory disclosure of information, strengthen capital directors and executives of responsibility and establish effective civil litigation system to perfect the four aspects I in the subscribed capital system, to better protection of creditors interests.