公司法上债权出资问题分析-民商法学专业论文.docx

Abstract Efficiency and safety are the important subjects of commercial law. The conflicts of the two values go along with the law-making of corporation law. In order to balance efficiency and safety more effectively, our country amended the corporation law roundly in 2005.The provisions about capital contribution is a shining point in this amendment. Corporations are entities which aim at profit. It is a important role that assembles funds in society and promotes rational flow of good resources. Meanwhile, creditors rights’ status is increased as a important property in modern society. It is not only a means to obtain real property but also a result. It must create a new space in boosting productivity of humans .That the creditor’s rights is used as a capital contribution adapts to this current ages. However creditor’s rights is a right of claim ，it is not certain to be realized. To use the creditor’s rights as a capital contribution is not safe for maintaining capital. How to keep transaction safe is a key point while utilizes the creditor’s rights fully. Our country’s corporation law permits the creditor’s rights as a capital contribution, but it doesn’t prescribe the safety measures. For this reason this paper talks about the necessity and feasibility of the creditor’s rights as a capital contribution, then brings forward to some advices on how to keep capital contribution safe basing on practice home and abroad, so as to benefit perfecting our country’s creditor’s rights as a capital contribution. This article is totally about 37000 words, being divided into four parts except introduction and epilogue. The first part summarizes the creditor’s rights as a capital contribution system. First, some concerned concepts are introduced: corporation capital and corporation assets. Corporation capital is the amount formed when the corporation is set up while corporation assets is the all wealth owned by the corporation. The two concepts are not same things. Second, this