Study On The Accelerated Maturity Of Shareholder Capital Contribution In Non-bankruptcy Case

Under the subscription system,shareholders have the right to freely agree on the time limit for capital contribution,but excessive freedom can easily cause shareholders to abuse the time limit interests,and thus the rights and interests of creditors are harmed.In response to the imbalance of interest between creditors and shareholders,our country has established that shareholders’ capital contributions can expedite maturity under the circumstances of bankruptcy,dissolution,and compulsory execution that cannot enter bankruptcy or extend the time limit for capital contributions after debts are generated.However,the current scope of application for accelerated maturity of shareholder capital contributions is too narrow,and cannot fundamentally solve the problems of creditors’ difficulties in safeguarding their rights and shareholders’ excessive freedom of capital contributions and lack of regulation.The key and difficult point in achieving the balance between shareholders’ and creditors’ rights and interests under which circumstances can break through the shareholders’ deadline interests.From the perspective of theoretical theory and judicial practice,this paper conducts research on the specific application of accelerated maturity of shareholder capital contributions in non-bankruptcy situations.The research content of this article is mainly divided into four parts:The first part is the cause of the accelerated maturity of shareholder capital contributions in non-bankruptcy situations.This part starts from the two aspects of the term benefits granted to shareholders by the subscription system and the negative effects of creditors’ rights due to the term interests of shareholders,and concludes that accelerated maturity of shareholder capital contributions in non-bankruptcy is the best way to solve the problem.First,by summarizing shareholders’ abuse of term benefits,it is concluded that excessive term freedom will have a negative impact on the rights and interests of the company and creditors,so it needs to be reasonably regulated.Secondly,creditors bear greater risks and costs under the subscription system.When creditors’ rights and interests are damaged due to shareholders’ interest in maturity,the protection of creditors’ rights and interests should be strengthened.Third,for the purpose of balancing the interests of creditors and shareholders,a solution is proposed to speed up the capital contribution of maturing shareholders under certain circumstances.The second part is the divergence analysis of the accelerated maturity of shareholder capital contributions in non-bankruptcy situations.This part analyzes the differences of non-bankruptcy expiration from the perspectives of adjudication,theory,and law application.First of all,there are differences between the results of the judgment and the reasons for the judgment in judicial judgments,and different judgments in the same case have caused confusion in judicial practice.Secondly,there are differences between the affirmative theory,the negative theory and the compromise theory in the theory.Theories disputes are not conducive to providing theoretical support for problem solving.Third,within the current legal framework,the existing legal system cannot be used as a legal basis for accelerated expiration of non-bankruptcy,and creditors’ rights protection lack a legal basis.Therefore,it is necessary to establish an accelerated maturity system for shareholder capital contributions under specific circumstances to uniformly regulate the imbalance of interests between shareholders and creditors.The third part starts with the development trend of multi-judgment and theoretical basis,to demonstrate the accelerated maturity of shareholder capital contribution under non-bankruptcy circumstances,and to prove that shareholder capital contribution can accelerate the maturity under specific circumstances,and proves that the accelerated maturity of shareholder capital contributions is feasible in non-bankruptcy situations.First of all,in recent years,the support rate of non-bankruptcy accelerated expiration cases has continued to rise,and with the introduction of the "Minutes of the Nine Peoples",the Supreme People’s Court has also resisted and relaxed the judgment of non-bankruptcy accelerated expiration.Secondly,under certain circumstances,the accelerated maturity of shareholder capital contributions can not only achieve the balance of interests between shareholders and creditors,but also conform to the company’s regulatory laws,and the pursuit of value in commercial transactions.Therefore,accelerated maturity of shareholder capital contributions in non-bankruptcy situations can be implemented as a means to resolve conflicts between shareholders and creditors.The fourth part accelerates the right of creditors to request shareholders under the case of non-bankruptcy.It includes the premise of the creditor ’s exercise of rights,the content of the creditor’ s claim and the legal consequences of the creditor’s exercise of rights.In order,through the construction of the rules,to improve the protection of the rights of creditors,so that the term interests of shareholders and the rights of creditors reach a balanced state.