Legal Analysis Of The System Of Shareholder Contribution

At present,the view that "when an enterprise is terminated such as bankruptcy or dissolution,even if the shareholders’ subscription period has not expired,the shareholders should be allowed to fulfill their capital contribution obligations".For non-bankruptcy and non-dissolution situations,when an enterprise falls into a debt crisis,there is no clear legal provision on whether shareholders are allowed to give up term interests and perform capital contributions in advance.The Minutes of the Nine People,as well as the two draft Company Law,support the acceleration of capital contributions in the case of nonbankruptcy,and gradually relax the scope of application,expanding the circumstances in which shareholders are allowed to perform capital contributions in advance.At present,the draft is still in the stage of soliciting comments,and the specific provisions after the promulgation are not yet known,and the relevant supporting measures need to be further improved.The purpose of this paper is to analyze the current legal provisions,sort out the adjudication views and reasons of different judgments in the same case,and put forward suggestions for improving the difficulties in the application of the current system of accelerated maturity of capital contributions.Through the standard analysis method,case analysis method and other literature research methods,this paper sorts out the reasons for current theoretical disputes and the reasons for different judgments in practice,and gives suggestions for improvement.This paper is divided into four parts,which first discuss the legal basis of the accelerated maturity system of capital contribution and analyze the nature of shareholders’ capital contribution.Then,sort out relevant cases in judicial practice,and use cases as support to sort out the reasons for inconsistent legal adjudication;In view of the phenomenon of inconsistent adjudication results,it is proposed that the application dilemma in the current corporate capital contribution system is still in its early stage,and the relevant application standards need to be gradually improved to better guide judicial practice.Finally,a standardized path for the company’s capital contribution acceleration system is proposed to improve the system of early termination of shareholders’ investment period in non-bankruptcy cases,so that the company can return to the track of normal operation.