公司债权人利益保护的法律问题研究论文.doc

Company creditor benefit protection legal matter research Abstract The non-law of corporation mainly is carries on the protection to the company creditors through the contract form to have its limitation. The non-law of corporation mainly is carries on the protection to the company creditors through the contract form to have its limitations. The company creditors protect the question the particular root in shareholders limited liability, therefore also only can rely on to this special question solution take the limited liability as the system core company legal regime. In the traditional law of corporation the company affair public system, the capital maintenance system, corporation personality negative system, the company criticized the system to carry on the protection to the creditor. The company creditors participate in the company as the company benefit counterparts governing are the law of corporation the new breakthrough which protects to the creditor. Let the creditor participate in the company governing may cause the creditor in anticipation on the participation to companys management and operation, like this might reduce creditors investment risk, effectively protected its own benefit practically, simultaneously realized the creditor benefit and company benefit win-win. The legal person institution theory believed, because the trustee it carries out the harm which the duty creates, first undertakes the responsibility by the legal person, then requests the trustee by the legal person interior to undertake the responsibility again. Because but companys this kind of internal responsibility possible not but when investigates plays with difficulty to the trustee the restraint role, if this kind of internal responsibility outside, causes the trustee to undertake to the creditor the responsibility namely to entrust with directly the creditor to trustees straight rope power, then is more advantageous to the company creditors protection. Our country law of corpora