The Study On The Accelerated Expiration Of The Shareholder’s Capital Contribution Obligation Under The System Of Payment

After the amendment of China’s Company Law in 2013,the statutory paid-in capital system of the company was changed to the capital subscription system.Shareholders can freely arrange the time and period of investment in the articles.The subscribed capital contribution while reduce the threshold of the company,but the realization of the interests of the creditors to the company has a certain negative influence,especially when the capital contribution has not been subject to the period stipulated in the articles of association,but the company’s assets are insufficient to pay off maturing foreign debts,or prescribe a period for the one hundred investment in the company’s articles of association,this makes the company creditors to realize their creditor’s rights and face the reality of the great obstacles.From the existing legal provisions,only if the company goes bankrupt,dissolution of executable program and malicious to extend the investment circumstances shareholders investment after the debt due responsibility to accelerate have clear legal provisions,and in the state has yet to reach the bankruptcy of the company,but is unable to repay debts cases due to invest to achieve accelerated,the current law did not make clear a regulation.Expires this article problems were discussed,based on the domestic scholars point of view of evaluation as well as to the protection of the rights and interests of foreign creditors draw lessons from the related system,based on the status of judicial practice in our country,certainly not to invest to bankruptcy case accelerate the maturity of important theoretical and realistic significance.This paper screened 61 conduct the thorough research to the written judgment,comprehensive and detailed analysis of our country shareholder investment accelerated due to the problems existing in the judicial practice,and put forward under the system of subscribed to the company creditor’s rights protection,protection of interests of the creditors in order to promote the domestic legislation,unify the legal application problems in judicial practice,in order to better promote the benign and healthy development of the market.The first part: the summary of the theory.This paper mainly expounds the theoretical basis and necessity of accelerated maturity,and sorts out three theories in the theoretical circle.More comprehensive analysis of the academic community to accelerate the maturity of the investment attitude,the application of the situation and other issues.The second part: This paper makes a general and categorical analysis of 61 selected cases of accelerated expiration,and points out that there are mainly two kinds of cases of affirmative and negative judgment results of accelerated expiration in judicial practice in China.In the handling of the same type of case,the court’s judgment results vary greatly due to the different application of the legal provisions and the different understanding of the judicial interpretation.The third part: the problems existing in the system in China.On the basis of the foregoing analysis,the paper concludes that China’s accelerated maturity system has some problems,such as uncertain application scope,inconsistent identification of nature and unclear current legal provisions.The fourth part: the system in foreign legislation and enlightenment to our country.By combing the status quo of foreign legislation and making a comparative study with the current domestic legislation,the author hopes to provide reference for the construction of domestic system through the understanding of advanced systems outside the region.Part V: The conception is divided into three aspects: theory,legislation and system.The theoretical conception mainly revolves around the affirmation of the accelerated maturity and the definition of the standard that the company cannot pay off debts.The legislative conception mainly focuses on perfecting the company law and its interpretation,and breaking through the current legal system,and gives the legislative reasons.The system is around the establishment of the board of directors as the center of the payment mechanism,as well as urge unpaid responsibility.