On The Balance Of Interests Between Corporate Creditors And Shareholders

Shareholders and creditors are the main interests of the company.Both have the same interests and natural conflicts.The legislative purpose of company law is to protect the interests of the company,shareholders and creditors.When the company's creditors and shareholders have a conflict of interest,the current scholars generally consider that from the perspective of civic thinking,the interests of shareholders and creditors are out of balance and the shareholders are in a favorable position.The creditor lives in The status of the weak should safeguard the interests of creditors in order to achieve fairness.However,such a blind pursuit of fairness and justice in civil law,but ignored the company's creditors and shareholders as the company's stakeholders,are subject to company law protection.As part of commercial law,company law naturally also has the uniqueness of commercial law,that is,the pursuit of efficiency is given priority and fairness is taken into account.Civil law pursues fairness,and commercial law emphasizes efficiency.If civil thought is used to consider the conflict of interests and balance between creditors and shareholders,blindly pursuing fairness and ignoring the benefit value,it will eventually result in imbalance of interests of both parties,infringement of shareholders' rights,and influencing the market economy.The operation.This article starts from the perspective of commercial thinking and discusses what role commercial thinking can play in balancing the interests of the company's creditors and shareholders,and makes relevant recommendations.