Research On The Case About Objection To Execution Of Zhang And Other V.Feng

In 2014,the annual report system of enterprises was born.Enterprises are required to update the status of shareholders’ investment in time through the "National Enterprise Credit Information System",so that the counterparty can judge the real asset credit of the company when the transaction takes place,and specify the repayment responsibility of specific shareholders when the company fails to repay debts.However,the imperfect supporting systems such as the sampling inspection system lead to the lack of force to guarantee the disclosure of real information of enterprises,and the fraud of the investment situation in the annual report of enterprises is relatively common.However,according to the current legal norms,it is difficult to determine the nature and legal consequences of such acts,which makes the judgment standard of cases with false publication of annual reports in judicial practice more confused."Zhang Mou Chuang,Zhang Mou Xi v.Feng Mou execution objection case" is a typical case of disputes caused by false disclosure of capital contribution information.There are three controversial issues in this case: First,whether the false disclosure of capital contribution status of shareholders before the subscription period can lead to the loss of benefits of capital contribution period against creditors or in fact;Secondly,whether shareholders should bear the responsibility of transferring defective shares before the subscription period;Thirdly;Whether the original shareholders of the company can apply the accelerated maturity system of capital contribution obligation.Based on the facts of the case,combined with the research and analysis of similar cases,relevant theories and current legal norms,it can be concluded that the application requirements of appearance liability include objective requirements,subjective requirements,causal relationship requirements and imputation requirements.In this case,the false publicity occurred after the transaction involved in the case,and the appearance fact did not constitute the basis of trust in the transaction,so the case lacked the subjective elements and the causal relationship elements of the application of appearance liability.The applicable requirements of defective equity transfer liability include subject,subjective,objective and causality.In this case,it is normal for Feng to transfer his equity at the stage when the term of investment has not reached the end of the term,and the company’s liability property has not been impaired by the transfer.Therefore,this case does not have the objective requirements and causality requirements for the liability of defective equity transfer.Capital contribution obligation acceleration due system applicable to meet the main body factor,objective factor and the causal relationship between elements,the case Feng Mou identity the original shareholders for T company,and it did not pay the share proceeds is a transfer of capital contribution obligations not subscribed period has not yet been to,so the case does not have the system requirements of applicable object factor and causal relationship.To sum up,there is no legal basis for feng to compensate the debts of T company.