Research On Accelerated Expiry Of Shareholders' Contributions

The "Company Law" promulgated in 2013 established in legislation that Chinese companies implement a subscription system in terms of the capital payment system.This measure has given shareholders greater autonomy,and has played a positive role in activating market vitality and promoting efficient and rapid capital development.However,the current reform of the company law has not strengthened the protection of creditors while increasing the protection of shareholders' rights,and has not introduced related supporting measures to protect the legitimate rights and interests of creditors.This has resulted in an imbalance in the protection of rights and interests.As a result,a series of problems have arisen in judicial practice,the most prominent of which are: how to effectively protect the legitimate rights and interests of creditors,and how to achieve a balance between the rights and interests of shareholders and creditors? This article is based on this issue.It analyzes and demonstrates the cases in the current judicial practice and academic viewpoints.It is believed that the "non-bankruptcy acceleration theory" can solve this problem well.Non-bankruptcy acceleration can effectively protect the interests of creditors while at the same time It can also protect shareholders' rights and interests to the greatest extent.In addition,it can save the company on the edge of bankruptcy and achieve a good balance between the protection of shareholders and creditors.This article is mainly composed of three parts,including introduction,main text and conclusion.The text is mainly divided into four parts.The first part mainly raises questions and discusses the connotation of non-bankruptcy acceleration theory.In this part,by combing the reformof the company's registered capital system,it analyzes the problems existing in the protection of creditors' interests from the process of reform,theoretical academic and practical aspects.Based on this problem,it leads to the non-bankruptcy acceleration theory and explains the theory Connotation.The second part mainly analyzes and evaluates various viewpoints.This section combs the "bankruptcy acceleration theory","non-bankruptcy acceleration theory" and "eclectic theory" in detail,analyzes and discusses the deficiencies of "bankruptcy acceleration theory" and "eclecticism",and puts forward that "non-bankruptcy acceleration theory" is justified Sex.The third part focuses on the justification of the "non-bankruptcy acceleration theory".This part systematically demonstrates its legitimacy from two parts: legal basis and legal basis.The fourth part starts from judicial practice,and mainly demonstrates the effectiveness of the benefit measurement of non-bankruptcy acceleration theory.This part focuses on demonstrating the balanced effect of non-bankruptcy acceleration on the protection of shareholders and creditors.