Study On Accelerating The Expiry Of Shareholders’ Capital Contribution Obligations Under Non-Bankruptcy Situation

The Company Law of 2013 changed the registered capital payment system to the subscription system,loosening the capital control at the time of the establishment of the company,but under the background that the enterprise information publicity system is not perfect,The presumption of the articles of association is emphasized to invoke the creditor’s risk-taking principle,or to bring the creditor’s interests and transaction security.In the case of non-bankruptcy,it is the best arrangement to balance the interests of creditors and shareholders to apply the accelerated maturity system of shareholders’ contribution obligations.The accelerated maturity of shareholder’s capital contribution obligation only refers to the situation that the time point of capital contribution has not yet reached,and its establishment requirement is that the company can not pay off the maturity of the debt contribution period Improper placement.The judgment standard of "unable to pay off debts due" is that the company’s assets are still not enough to pay off all debts after enforcement,and the judgment standard of "improper setting of capital contribution period" is that the shareholders’ capital contribution setting causes the hollowing of the company.This paper first uses the empirical analysis method,starting from the specific problems existing in judicial practice,and takes "non-breaking accelerated expiration" as the key point.By means of literary interpretation,system interpretation and value analysis,the theory and judicial practice are combined.Finally,based on the perspective of interest balance,this paper makes a systematic and in-depth study on how to deal with the relationship between shareholders and creditors in the case of non-bankruptcy,in order to contribute to the solution of this kind of problems.The first chapter is the question.This paper systematically collates the judicial status of the accelerated expiration of the shareholder’s contribution obligation in the case of non-bankruptcy in China,and advances the judgment result that does not support and support the accelerated expiration in practice Combing,clarifying the basis of the judge’s trial,summing up the reasons of the two kinds of referees,and then summarizing the focus of the dispute,and carrying out in-depth excavation and research around it in order to find out the crux of the problem,paving the way for the following theoretical research.The second and third chapters are the combing of some laws and the explanation of the process of legal change.Through observation,we can see that there is a certain disconnect between legal norms and practice,and the work of textual interpretation,system interpretation and historical interpretation can not find an accurate answer to this problem.The fourth and fifth chapters are the analysis of the legitimacy and necessity of obligation in non-bankruptcy.Through contributions After analyzing the actual hidden trouble brought by the time limit,the external effect of the articles of association and the present situation of the enterprise information publicity in our country,we can not draw the conclusion that the shareholder contribution period is against the external creditor,which confirms the realistic demand of the non-bankruptcy accelerated expiration in our country.This paper further demonstrates the rationality of accelerated maturity of non-bankruptcy,and proves its necessity from the perspectives of jurisprudence,legal economics and commercial law.The sixth chapter is the specific application of the problem.Based on the four aspects of creditor’s rights subject,applicable elements,burden of proof and the scope of settlement,it is concluded that the accelerated maturity of non-bankruptcy should be confirmed in principle,but the shareholders should be allowed to contribute with the time limit There is no improper conclusion of the defense.