论我国公司资本制度的完善-民商法学专业论文.docx

Abstract The companys capital system is an important part of company law. Is the cornerstone of the company legislation, the company has established one of the important system of the survival and development. The pros and cons of corporate capital system design to some extent, a countrys company law is a scientific and rational. Amended through October 27, 2005, the Tenth National Peoples Congress Standing Committee eighth meeting of the Company Law of the Peoples Republic of China, and officially implemented on January 1, 2006, the Company Lawamendments to the original company of Chinas capital system, a comprehensive, radical transformation of the companys capital system have a new look. Company Law in the concrete practice of the process in recent years, have to adapt to factors stand out, the current market economy, the pace of development, company law in the future development of the process, it is bound to be in the companys capital system made bin, to prevent the company set up in fraud speculative behavior on the damage to the interests of the creditors, Disregard of Corporate Personality on Chinas national conditions and make appropriate adjustments, while ensuring the legitimate rights and interests of the shareholders, in the legislative and practical to achieve full protection of the interests of both shareholders and creditors. Therefore, the community personnel have to discuss and appeal to the Companies Act, in particular the reform of the corporate capital system. In this paper, our new amendments to the implementation of the Company Law, the context of corporate capital system is easing a brief introduction of corporate capital, corporate capital systems basic theory, the main line with three principles of capital of the company capital system analysis with the protection of the interests of the creditors, and then to the reality effect of the protection of the interests of the creditors as the starting point to further point out the shortcomings