Research On The Acceleration Of Shareholders’ Capital Contribution Obligation Under Subscribed Capital System

The reform of the subscription system of registered capital in 2013 is undoubtedly the biggest reform of the company law in recent years.Since the reform,both the shareholders and the business administration departments have undergone earth-shaking changes.In many ways shareholders have more autonomy.The abolition of the limit on the amount of registered capital in a company has greatly encouraged young entrepreneurs who do not have enough money.The period of capital contribution and payment can independently agree that the working capital beneficial to shareholders can enter the market more,which is conducive to stimulating market vitality and stimulating economic growth.Way the oversight of the department of business administration at the same time also for subscribed system reform has had the qualitative change,paid in very strict regulatory system of advance way,now the way of the combination of matter and afterwards supervision for overall situation conforms to the current environment and to delegate,for individuals to set up the company’s standard,investment to enter the market less difficulty,significantly increase shareholders’ enthusiasm.However,things always have advantages and disadvantages.The implementation of subscription system is of great benefit to investors.Obviously,the reform measures are conducive to shareholders’ active participation in investment activities.However,for the creditors,the interest bias caused by the system makes their creditor’s rights face greater risks and there is no perfect remedy.Therefore,the biggest contradiction brought by the subscription system at this stage is the conflict between the term interest of shareholder’s contribution and the protection of creditor’s rights.In the seven years since the reform,this problem has become more and more prominent.Therefore,can the conflict be solved by accelerating the maturity system of shareholder’s contribution? The issue has been debated in academia and the judiciary for years.Under this background,this paper makes a relatively systematic analysis of the accelerated maturity of shareholder’s capital contribution and puts forward Suggestions by consulting cases,summarizing existing viewpoints and conclusions,etc.First of all,after comparing a large number of cases,this paper explores the problems faced by the current accelerated expiration system of shareholders through two typical positive and negativecases and analyzing the reasons for the court to make different decisions.Secondly,since it is in the context of subscription system,it is necessary to analyze the characteristics of subscription system and clear the historical context of the reform of paid-in system,and then define the criteria of the accelerated maturity of shareholder’s contribution in different levels,and summarize the current provisions of the system in China’s legal system and the existing disputes at home and abroad.Furthermore in two different conditions,namely bankruptcy dissolution case acceleration due and not bankruptcy dissolution case maturity,analysis can not solve the problem of the current conflict with creditor protection limitations for what,through system analysis of the advantages and disadvantages,at the end of the paper is trying to save the legislation cost and under the premise of fully considering the implementation possibility,from perfecting the system of bankruptcy to accelerate the due obligations as well as the introduction of school two aspects are also proposed.