Research On The Law Applicability Of Accelerating The Expiration Of Shareholder’s Capital Under Subscription System

After China’s Company Law was revised in 2013,the company capital system clearly changed from paid-in system to subscribed system,which undoubtedly aroused the wave of social investment and entrepreneurship,further promoted the transformation of government functions,and provided institutional support for optimizing market structure to a certain extent.However,it is undeniable that the confirmation of the registered capital subscription system has given rise to a series of urgent problems in the relevant legal system and judicial practice,including the Company Law.While shareholders enjoy more autonomy,it also makes the legal issues concerning their commitment of capital contribution more complicated.One of the most prominent issues is the acceleration of shareholder’s contribution to maturity--when the company can not pay off the creditor’s debt due,and the shareholder’s contribution has not expired,can the creditor request shareholder’s contribution to accelerate the maturity? Faced with this problem,both academic theory and judicial practice,there is a lot of controversy and discussion space.On the basis of the clear subscription system in The Company Law of Our country,it is an urgent requirement to introduce and perfect the corresponding supporting system.The establishment of an institutional framework in line with the capital subscription system is still a process of gradual groping,in which we need to respond to these controversial issues.In this paper,based on the essence of the company capital system,from the previous theory viewpoint and the analysis of the current law of divergence,on the legal basis of principle of capital maintenance,based on the rights of creditors right,to the traditional subrogation under the commercial law adjustment and bankruptcy logic of the definition of "continuing solvency" as the main Angle of view,Contributive responsibility for shareholders to accelerate due system for the specific application of law to space,at the same time,the worth of mechanism of the illegal action of the regulation,and public information platform for the construction of the supporting measures such as to provide some Suggestions,so as to realize the combination of advance prevention and afterwards regulation,a more comprehensive solution to expire for accelerating system caused by applicable law.