论公司债权人保护制度（On the protection system of corporate creditors）.docVIP

论公司债权人保护制度（On the protection system of corporate creditors） On the protection system of corporate creditors Authors: Zheng Mengzhuang / Liu Kaixiang / Song Min The company is the main body of the social economy and other economic ties are widely, which is a large number of debt in civil legal relationship, and the companys creditors to protect the interests of the company to seek between the shareholders and the creditors of the company itself, the balance of the three, especially how the provisions in the company law the protection system of creditors has been the company law of various countries are very concerned about the issue, because it is not only the interests of the creditors of the company, but also to the whole social market order and the credit market problems. The limited liability company is a cornerstone of our legal system, but the limited liability of the legal design like a double-edged sword, used properly, can play a positive role in the company system; use well, is likely to harm the interests of other legal subjects against the creation of the company, and the system of the original intention. One of the important functions of corporate law in modern countries is to protect the interests of corporate creditors. The article 1 of the company law of China has definite provisions on this. This protection begins with the companys establishment, runs through the companys operations and ends with the liquidation of the company. In other words, the specific system of corporate creditor protection is embodied in three stages, namely, the establishment stage, the company operation stage and the liquidation stage of the company. This paper system of creditor rights protection law of our country and the developed countries in comparison, trying to find out the regularity from things, have certain enlightenment and reference to perfect the company law and the practice of company law in china. I. The creditor protection system in the establishment phase of