Theory Of Shareholder's Contribution Obligation To Accelerate Maturity

With the rapid development of the economy,the vitality of the main body of the market is increasing day by day,and the company law system is becoming more and more perfect.From the revision of the Company Law in 2013 to the introduction of the fourth interpretation of the Company Law,a series of legal norms have expanded the rights of shareholders.The protection of the interests of shareholders is increased.Relatively speaking,the protection of the creditors of the company is relatively weak.When the assets of the company are unable to pay off their debts due,and when the obligation of shareholders to contribute is not fulfilled,the channels for the creditors to defend their rights are narrow.The system of accelerating maturity of shareholder's contribution obligation emerges as the times require,while providing convenient relief channels for creditors,it keeps the normal operation of the company.But the system is still controversial in the theoretical circle.The rationality of existence needs further confirmation.The accelerated maturity of shareholders' contribution obligation refers to the fact that during the company's existence,the company's property is insufficient to pay off its external debts.At this time,some shareholders' contribution obligations have not yet expired,and the creditors,in order to realize their own economic interests.Shareholders who have not fulfilled their time limit may be required to speed up the performance of their investment obligations.The premise of studying the issue of accelerating the maturity of shareholders' contribution obligations is whether there is a theoretical basis for the acceleration of the maturity of shareholders' contribution obligations.At present,the main basis is certain.Three kinds of negative and eclectic theories are proposed: the nature of the company's articles of association,the cost and efficiency of accelerating the expiration of shareholders' contribution obligations,the liability of capital guarantee,and so on,.In order to simplify the business process and improve the quality of the company's articles of association.The legal efficiency of the creditor.The negative view is that the law should be strictly applied to accelerate the maturity of the shareholder's contribution obligation,and the law cannot be interpreted arbitrarily without explicit provisions of the law.And the bankruptcy Law and the contract Law also provide other solutions.The compromise says that whether the shareholder's obligation to contribute should be applied depends on the circumstances.The three theories in theory have their own reasons and shortcomings.In order to balance the multiple interests and the legislative essence of Company Law,this paper modifies and complements the affirmation theory.Use reasonable judicial explanation and academic theory to solve the problems in judicial practice.In order to solve the applicability of shareholder investment obligation acceleration problem,it is necessary to practice a lot of inquiry,this paper searches for a large number of cases in the Chinese judgment network and China law info,select one of the typical cases to be discussed,to clarify the judge according to the gap between theory and method,and the necessity to to solve these problems.The necessity of shareholder investment obligation acceleration exists,including the legislative purpose of the practice of company law,to provide a more convenient channel rights and maintain normal development of the company to the creditor.According to the related theory of company law conflict said in academic circles,from the legislative level,the law At the level of explanation and complementary with the right of rescission in contract law,the author explains the necessity of accelerating the expiration of shareholder's obligation to contribute,and ensures the rationality of the system.It is necessary to standardize and perfect the system: to solve the problem that there is no legal basis in legislation,to perfect the upper law by means of reasonable legal interpretation,to standardize the scope of application of the system,and to standardize the scope of application of the system.The creditor should consider the use premise and standard when applying the system,prevent the creditor from abusing the right and wasting the judicial resources;seek the self-governing way to guarantee the system from the company itself;take the call system as the restraint,Giving reasonable performance to shareholders.In addition,in order to ensure the shareholders' contribution obligation to accelerate the implementation of the due date,the participation of the board of directors and executives is also needed to strengthen the coordination and protection of the system.To solve the problem of accelerating the expiration of shareholder's contribution obligation and to guarantee judicial justice.