The Study On The Legal Problems About Accelerating The Shareholder's Contribution Liability Under The Non-Bankruptcy State

In 2013,the reform of the Capital System of the Companies Act has broken the the interest balance between the shareholders and the creditors.As a way to strengthen the protection of the creditors,accelerating the contribution liability of the shareholders when the company is not bankrupt has arisen wide concern from the theoretical and practical areas and it has been in disputation for a long time.I research this issue by using the Empirical Analysis to summarize and classify the main focus which are in disputation of the 321 cases in the judicial areas during recent 5 years and studying the different ideas in theoretical areas and the latest guiding advice from the 'Meeting Summary'lunched by the Supreme People's Court.I think it's not rational to allow the acceleration of the shareholder's contribution liability widely under the non-bankruptcy state because it will be contradictory with the original purpose of the reform of the Capital System.However,in order to restrict those shareholders who abuse the right to decide when to fulfil the duty of contribution and want to escape the duty of contribution and to protect some special creditors such as the involuntary creditors,the acceleration of the shareholder's contribution liability under the non-bankruptcy state should be allowed in some special occasions.There are four farts in the paper.In the first part,it analyzes the the purpose and the background of the reform of the capital system in 2013 and how the new specific measures of this reform threaten and danger the safety of the transaction and the interest of the creditors.In the second part,it mainly introduces and analyzes the opposite opinions about'accelerating the shareholder's contribution liability in the non-bankruptcy state' in the theoretical field and the contradictory judgement about the acceleration of the shareholder's contribution liability in the non-bankruptcy state to analyzes how this legal problem is so controversial and complicated.In the third part,it make an summary statistically over the conclusions of the 321 cases in recent five years,it also analyzes the disputing points in the judgement and assesses these points basing the main theories.In the last part,it concentrates on the guiding advice in the 'Meeting Summary' lunched by the Supreme People's Court on this problem,it also demonstrates and explains that the acceleration of the shareholder's contribution liability in the non-bankruptcy state is suitable in three special occasions.Furthermore,it recommends to apply the second special occasion in the 'Meeting Summary' to more special occasions by explaining the original purpose of the second special occasion which is called 'delaying fulfilling the contribution liability results in the acceleration of its fulfillment '.In this way,the acceleration of the shareholder's contribution liability in the non-bankruptcy state in special occasions could be more open and adaptive.In the end,it advises to build a comprehensive system to protect the creditors' interest.For example,the court could make the most use of the shareholders' fear that the corporation will be bankrupt by inquiring the shareholder if they are willing to fulfil the duty of contribution to avoid the company being ended.The Company Law also could introduce the'Directors' Call-up System' from the American law to make sure the capital of the company enough an to guarantee the safety of the transaction.The related administration ought to improve the platform to urge the corporation to reveal more crucial capital information to help the creditors make a rational evaluation about the company's capital and avoid risks in advance.