Under The Subscribing System,the Shareholder’s Contribution Obligation Is Due At An Accelerated Pace

Since 2013,our country’s system of company capital system by the capital contributed to the capital subscribed,2013 "company law" regulation,the shareholders don’t have to be paid in full the capital when registered company,the company can be paid,the period stipulated by the company’s articles of association in the reform of the system,to some extent reduced the company set up the mandatory regulation,the company set up more easily,Reduces the threshold of the set up companies,greatly stimulated the enthusiasm of the people’s innovation and entrepreneurship in our country,but the capital subscribed after system reform of our country’s relevant legal norms is relatively lag,for creditor benefit protection law is not perfect,for the interests of creditors brings certain risk,some shareholders in the company set up agreed at the beginning of the long investment period,If it is not restrained,it will pose a great challenge to the protection of creditors’ interests.Since the establishment of subscription system,there have been a lot of legal disputes between companies and creditors,and there have been many phenomena of different judgments in the same case,among which the more difficult one is whether the shareholders’ investment should be accelerated to maturity in the case of non-dissolution or non-bankruptcy,which is a big controversy in both theoretical and practical circles.Is due to the absence of legal norms,the shareholder capital contribution should accelerate due and not article can apply directly,and no relevant authority on legal interpretation,in view of the disputes in judicial practice,in 2019 the Supreme People’s Court for unity in the national civil and commercial judicial work summary judicial referee,said in the summary: under the system of registered capital subscribed,the shareholders shall be entitled to enjoy the time limit.Where the creditors claim that the company cannot repay the debts due,and the shareholders who have not reached the time limit of capital contribution assume supplementary compensation liability for the debts that the company cannot repay within the scope of capital contribution,the people’s court shall not support them.However,there are two exceptions.The purpose of "Jiu Min Ji" is to solve the disputes in the current judicial adjudication and unify the standard of adjudication.However,its special nature is neither legal provisions nor judicial interpretation.It is clearly stated in "Jiu Min Ji" that it can only be quoted in the reasoning part of the adjudication document.Therefore,the judges in the application of the law will inevitably have different understandings resulting in disputes.In view of this,this paper will analyze and discuss from two aspects of practice and theory,summarize the focus of disputes,and summarize the uniform applicable standards.The first chapter mainly introduces the subscribed and the problem of system reform,namely the shareholders’ capital contribution of the acceleration due,the second chapter combines the question of shareholder investment accelerated due to introduce three kinds of existing in current theoretical point of view,must be said,negative,and eclecticism,and on the basis of certain said as a shareholder capital contribution to accelerate due legal basis,The third chapter,combined with the case,specifically explains the practical difficulties faced by the problem of accelerating the expiration of shareholder’s capital contribution,explains the lack of system design and the absence of legal norms,and the fourth chapter discusses the basis of the legitimacy of accelerating the expiration of shareholder’s capital contribution.The fifth chapter is the rationalization path of the accelerated maturity system of shareholders’ capital contribution.