Research On The Law Application Of Shareholders' Investment Obligation “non-bankruptcy Acceleration”

In order to stimulate the investment enthusiasm of the society and activate the socio-economic vitality,the "Company Law" has been amended,and there are different views on the practice of accelerating the maturity of capital contributions.Looking for the existing legal provisions,we can find that the express provisions for expedited maturity appear in the bankruptcy and liquidation of the company.The legal provisions do not stipulate whether the expiry of maturity can be accelerated in the case of non-bankruptcy and liquidation.Such problems arise in practice.Courts at all levels and different judges have different understandings of the provisions.Some support expedited expiry and some deny expedited expiry.The reasons of the supporters mainly focus on protecting the interests of the company's creditors.The freedom of contract is limited,and other provisions can be applied to such issues through legal interpretation.The views of the negators focus on the lack of explicit provisions in the law,and the company's capital contribution period is made public The information has been released,and creditors should consider it wisely when making economic transactions with the company.On this basis,creditors should bear their own risks at their own decision.For a while,the phenomenon of similar judgments on different merits arose one after another.In order to solve this problem,the Supreme People's Court's opinion in 2015 suggested that when the company fails to settle its due debts,the company's creditors can apply for bankruptcy of the debtor company,that is,in 2015,the Supreme People's Court did not respond to the accelerated maturity of the shareholders' capital contribution obligations in a non-bankruptcy situation.However,applying for debtor bankruptcy is not an optimal choice.The bankruptcy procedure follows the principle of "fair settlement" and "fair claims".After a set of bankruptcy procedures,whether the creditors who apply for bankruptcy of the debtor can be fully repaid,and,The company has already declared death after bankruptcy,which obviously runs counter to the goal of encouraging investment,promoting the development of company law,and activating the vitality of the marketeconomy.In response to this,the Supreme Court responded again in 2019.The Supreme People's Court through the " the Minutes of the National Courts' Civil and Commercial Trial Work Conference [Effective] " made it clear in principle that it does not agree with the shareholders' obligation to accelerate the maturity of capital contributions,and set up two exceptions.After studying the application of the law,I think that the specific connotation of the exceptions in the Minutes of the National Courts' Civil and Commercial Trial Work Conference [Effective] needs to be carefully considered.The rules made in the Minutes of the National Courts' Civil and Commercial Trial Work Conference [Effective] only solve the current difficulties to a certain extent.In the long run,they are fully established.A contribution maturity system is necessary.