Research On The Accelerated Maturity Of Shareholders' Capital Contribution Obligations Under The Subscription Syste

In 2013,the company law was significantly revised from the paid in registered capital system to the capital subscription system,the minimum registration limit of the company was cancelled,and the corresponding company registration items were changed,which was implemented in 2014.The lower threshold for the establishment of companies has led to a substantial increase in the number of registered enterprises in China,stimulated investment enthusiasm to a certain extent and promoted the development of market economy.However,due to the lack of corresponding supporting systems and sound credit mechanism in China,under the subscription system,investors set a long subscription period in practice in order to maximize their interests,In addition,the subscribed amount is often large,the paid in amount is not paid or less paid,and the actual arrival rate of the company’s registered capital is low.For accelerated maturity under non bankruptcy,due to the lack of clear legal provisions,there are different judgments in the same case in judicial practice.Although the summary of the nine people’s Court of the Supreme Court in 2019 allows accelerated maturity under two exceptional circumstances and gives new trial ideas,it is generally conservative.How to balance creditors has become a major problem in academic and judicial circles.It is precisely the new problems brought about by the inability to coordinate the reform under the current company legal system.In 2021,the Standing Committee of the National People’s Congress proposed to amend the company law,and the draft proposed to establish a shareholder accelerated maturity system to strengthen the protection of creditors.This paper is divided into four parts.The first part puts forward the problems.Under the reform of subscription system,the abuse of shareholders’ term interests and the imbalance between the protection of creditors’ interests and shareholders’ interests lead to the difficulty of creditors’ protection.It takes the principle of creditors’ interests protection,the principle of equal rights and obligations and the principle of equity and justice capital maintenance as the theoretical basis for accelerating capital contribution,and puts forward the necessity of establishing the accelerated maturity system.The second part searches the relevant cases through the information retrieval platforms such as Peking University magic weapon and China judicial documents network,and analyzes the three different viewpoints of affirmation,negation and compromise in the academic circles based on the current judicial precedents.From the perspective of legal theory,this paper summarizes the focus of controversy in judicial practice.Through the comparison between typical cases and similar cases in practice,this paper summarizes the reasons for supporting and opposing the accelerated expiration of capital contribution obligations.The third part summarizes the reasons why it is difficult to apply the accelerated maturity system of shareholders’ capital contribution obligations from the practical and legal levels.The fourth part,based on the above analysis,puts forward improvement suggestions for shareholders and company supervision in three links: before,during and after,so as to solve the practical dilemma of accelerating the expiration of shareholders’ capital contribution obligations,so as to promote the unification of legal rules of company law,To achieve balance between shareholders and creditors.