Study On Equitable Settlement System Of Controlling Shareholder’s Creditor’s Rights

In recent years,although the Bankruptcy Law and the Corporation Law had been renewed several times,the protection of the obligee remains weak,The protection of corporate creditors has always become the object of attention in the field of practice and academiaThis paper takes the controlling shareholder’s creditor’s equity as the object of study,Combined with the relevant knowledge of law and economics,it uses a variety of analytical methods,such as history,comparison,system,etc.,On the basis of introducing the origin,definition and legal basis of the relevant system,The necessity of introduction and the feasibility of the introduction are analyzed,This paper also summarizes the introduction of china,It focuses on the specific settings of the system and the integration with the existing law.The author intends to discuss from the following aspects: The first chapter outlines the paper and introduces the origin of the system of equitable settlement of claims;The second chapter provides the definition of the system,studies its legal basis;The third chapter introduces the necessity of introducing the system in China;The fourth chapter analyzes the feasibility of the introduction of the system,argues that it does not conflict with the current system,is a complementary relationship,and then can be introduced,and introduces the exploration and attempt of the introduction of this system in various regions of China,which shows that the introduction of this system has a certain support foundation;The fifth chapter analyzes the specific design suggestion of the system introduction;The sixth chapter probes into how to integrate this system into the current legal system in China.