Research On Accelerated Expiration Of Shareholders' Investment Responsibility Based On Trial Practice

From a capital perspective,the subscription capital system encourages people to start their own businessese.Since its establishment,the system has achieved remarkable effects,but at the same time it has been causing a certain impact on the protection of the interests of corporate creditors.In the case of non-insolvency proceedings,it is the topic of my paper that whether it is possible to protect the interests of creditors by applying the capital contribution to accelerate the expiration system and forcibly depriving the shareholders of the term benefits.In the practice circle,judges have a relatively consistent attitude toward such issues,mainly holding negative opinions.Differently,there are three kinds of doctrines in the theoretical field,and they are mainly affirmative opinions.In the past,most studies have paid too much attention to the protection of corporate creditors' interests,and pursued a “low-cost,high-efficiency” approach— shareholders abandon the term benefits and invest in advance to pay corporate debts on time.My paper starts from the perspective of the company's capital system to promote the long-term development of the capital market,aside from the subjective advantages and disadvantages,and deeply analyzes the controversial views of the practical and theoretical circles.First,find out the disputed paths,which are article 3,section 2,article 63 of the Company Law of the People's Republic of China(hereinafter referred to as the “Company Law”),and the second paragraph of article 13 of the Supreme People's Court on Some Issues of the Application of the Company Law of the People's Republic of China regulations(3)(hereinafter referred to as“Company Law Interpretation(3)”),and article 19 of the Provisions of the Supreme People's Court on Changes and Additional Parties in Civil Execution(hereinafter referred to as the Civil Execution Regulations.By analyzing and interpreting them one by one,it is concluded that each of them cannot be used as a basis for shareholders to accelerate the expiration.Second,find out the subjective causes of the dispute and consider whether it is necessary to require shareholders to contribute capital in advance.Under the action of the market mechanism,in fact,corporate capital does not have a guarantee function.On the contrary,asset credit plays an important role in corporate transactions,and China's capital subscriptionsystem and supporting system are also in the process of improvement and perfection.When the company's actual capital is insufficient to bear the company's debts,it is against the original intention of the legislation of subscription system to require shareholders to assume the supplementary liabilities within the limit of subscribed amount in the second order.Finally,although it is impossible to force shareholders to abandon their term benefits,protecting the interests of corporate creditors is one of the legislative objectives of the Company Law.After reviewing the existing legal system,it is found that the bankruptcy system can not only terminate the company,but also save the company.So my paper comes out superficial suggestion and thought about the issue of setting up a court inquiry procedure and a simple bankruptcy procedure to solve the problem of protecting the interests of corporate creditors when shareholders have not invested.So as to avoid compulsory deprivation of shareholders' interests,damage shareholders' enthusiasm for investment,and maintain the normal operation of the market economy.