Study On Accelerating The Maturity Of Shareholder's Contribution Obligation Under The Subscription System

Under the background of economic globalization,in order to enhance the international competitiveness of enterprises,China's revised Company Law further embodies the characteristics of strengthening corporate liberalization and weakening administrative control.In 2013,the Company Law carried out a major reform of the original company capital system,abolished the minimum legal registered capital limit and the term of fixed payment,established the full subscription system of the registered capital of the company,relaxed the establishment of the company,effectively activated the vitality of market capital and the enthusiasm of entrepreneurs for investment;in the context of major changes in the company capital system,The tendency of over-liberalization of companies has also raised concerns about the protection of creditors' interests.There are a lot of disputes about shareholder's contribution obligation accelerating due during the period of enterprise's existence.Due to the lack of clear legal provisions,the phenomenon of different judgments in the same case is particularly prominent.The court that denies shareholder's accelerated contribution during the period of enterprise's existence insists on the judgment gist that there is no clear legal provisions that can not be broken through at will,and supports the court that shareholder's accelerated contribution during the period of enterprise's existence to try to fail to perform in The responsibility of defective capital contribution seeks to solve the problem.The motivation of the accelerated expiration of shareholder's investment obligation during the period of enterprise's existence is that the absence of legislation leads to the inadequate protection and relief of creditor's interests under the current legal system,and on the other hand,the unique value of the system should be established through the paradigm of normative argumentation;however,it should be noted that the phenomenon of different judgments in judicial practice only reflects the freedom of company and shareholder.The game and conflict between creditors' interests,but the perspective of accelerating the maturity of capital contribution should not only focus on the realization of claim right of single creditor's rights such as "shareholders' failure to perform and defective capital contribution liability".The realization of single creditor's rights does not conform to the spirit of the current Bankruptcy Law.The subject of shareholders' accelerated capital contribution litigation should take enterprises and companies as its appropriate to enhance the business ability and risk of enterprises.Resistance ability,so as to achieve the purpose of safeguarding the interests of all creditors.In addition,administrative and procedural measures such as the evaluation of corporate credit on shareholder's pledge and court inquiry procedures can provide convenient channels for shareholders to accelerate their willingness to contribute voluntarily under the premise of low cost,and play a guiding and supervisory role in the bona fide establishment of the time limit for shareholders to pay.