Research On The Judicial Application Of Accelerating The Expiry Of Shareholders’ Funding Obligations Under Non-Bankruptcy

China’s corporate capital system has undergone evolution.Since 2013,the minimum registered capital limit,statutory capital contribution period and capital verification procedures have been lifted and replaced by a capital subscription system.Shareholders have greater capital autonomy and statutory capital contribution period benefits.However,there are also many disadvantages to this move.The protection of the creditor’s interests is weakened.The shareholders have even maliciously abused the interests of the investment term to damage the interests of the creditors and evade the responsibility of capital contributions.In addition to the introduction,this article is divided into three parts.The first chapter summarizes the basic theories of China’s current capital system and the system of accelerated maturity of shareholders’ capital liability.Whether shareholders’ funding obligations can be accelerated to maturity is controversial,and disputes have arisen over the path of bankruptcy acceleration and non-bankruptcy acceleration.The path of accelerated maturity of bankruptcy is gradually affirmed by the academic community.With the deepening of theoretical research and judicial practice,the construction of a path of accelerated maturity of non-bankruptcy is also imperative.The non-bankruptcy acceleration path has the advantages of low cost and high efficiency,and can make up for the lack of accelerated bankruptcy expiry path.The second part focuses on the practical investigation of non-bankruptcy accelerated judicial application.The accelerated judicial application of bankruptcy has certain limitations in judicial practice,and the applicable space and applicable value of the accelerated expiry system of non-bankruptcy funding obligations are worthy of recognition.The author retrieved many practical cases through the legal database and summarized them,forming an appendix to the table,combing and summarizing their judgments,reviewing the non-bankruptcy expedited expiry of judicial application viewpoints and problem dilemmas in judicial practice cases,and exploring existing non-bankruptcy Accelerate the expiry of judicial application and perfect the space to modify the existing theory to make it more suitable for the needs of judicial practice in the current situation.Existing theories have different opinions on the specific judicial application of non-bankruptcy shareholders ’accelerated expiry of their funding responsibilities.There are many options for application of contract law,company law,civil enforcement procedures,etc.Each specific judicial application has its own advantages and Defects;return the expiry of the shareholder contribution expiry system to the Commercial Organization Law or a more reasonable choice,and crack the judicial practice dilemma from the perspective of company law;at the same time,we should also pay attention to the convergence and cooperation of other laws such as the bankruptcy law to build a comprehensive The shareholder contribution obligation accelerates the expiry system,not just mechanically limited to a legal provision of judicial application,to avoid the practical application of constraints and it is difficult to achieve its effective use.The third part focuses on the continuous improvement and modification of the non-bankruptcy acceleration path.The applicable prerequisites,applicable elements,and burden of proof of the non-bankruptcy acceleration path are important issues that must be faced in judicial practice.Applicable rather than just at the level of theoretical discussion.How to improve the relevant linkage supporting mechanisms such as the directors’ call system and credit system construction,promote the positive interaction between the non-bankruptcy acceleration path and the bankruptcy acceleration path,improve the accelerated maturity system,and better protect the interests of creditors are the primary goals of this article.