The Applicable Legal Issues Research Of Subscribed Capital System In Our Country

Subscribed capital System as a way of capital contribution of the statutory capital system,and it with full pay system of capital or contributed capital system constitute two major capital formation of the legal capital system.The two different ways of investment will affect the entire company capital system,and the relevant provisions of the rules make produce different system.As The company law of the People’s Republicof China(hereinafter referred to as the company law)in 2013,China’s form of capital contribution by the actually paid to the limited liability company capital system is modified to subscribed capital system.It marks a major change in capital contribution form completed in our country,reducing the company’s market access,and optimize the market allocation of resources.What’s more,it is reasonable adjustment of the autonomy of the market economy and national public power balance,and it’s beneficial to give full play to the market main body status in the economy.At the same time,it conducive to promoting market dynamics in the present stage our country’s economy reform,for the economic development of China provide fresh vitality and development.On the other hand,the company law in China is only the subscribed capital system related content of the provisions of the principle.what’s more,principle of December,2016,the Supreme Court enacted the company law judicial interpretation(four),and this regulation also does not have relevant systems of subscribed capital system,so This makes the often appear many problems in practice.For example,not timely responsibility identification will be as the shareholder capital contribution for the actual paid in different legal problems,and subscribed capital system in the judicial practice under the relevant cases will also change.view of the subscribed capital system in the application of the problems,the author will be sure on the viewpoint of subscribed capital system in our country to analyze its specific problems encountered in the applicable.Finally on the basis of the understanding and with the basis of existing commercial law in China to combine with the relevant laws and relevant civil law supporting system on how to solve the problem of subscribed capital system implementation solution Suggestions.So,The author will analysis from the following parts:The first part,mainly analyze the present situation of the implementation of subscribed capital system in our country,expounding the concept and nature of subscribed capital system of our country,and the subscribed capital system compared with the actually paid capital system,what’s more,analyzing the implementation of the subscribed capital system’s influence on the capital three principles;The second part,subscribed capital system in our country mainly used by the problems one by one analysis,and mainly analyzing the following problems are that never being paid in the responsibility,malicious escape capital contribution obligation,falsely registered capital,false capital contribution and the application of the flight of capital contribution;The third part,according to the above questions put forward corresponding Suggestions.