2011Journal of North China Electric Power UniversityRequires access

Study on the Detective Contributed Shareholder's Civil Responsibility

Ding Li-xiang

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Abstract

Abstract:Shareholders' contribution relates to the company's independent liability and independent personality construct,it is the important foundation that the company of external take credit,played an important role to maintain the transaction security.But in practice,big shareholders false capital contribution and escape capital contribution frequently occurred,This will not only influence the market transaction security and transaction efficiency,causing economic disputes,causing debt is not clear,also invade other shareholders and creditors' interests.At present,the provisions of the company law to this aspect have the very big insufficient,in the practice also have a lot of difficulties,this paper contributive flaws shareholders civil liability to this problem,analyzes the problems and proposes Suggestions for improving China law.

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What this paper is about

Abstract:Shareholders' contribution relates to the company's independent liability and independent personality construct,it is the important foundation that the company of external take credit,played an important role to maintain the transaction security.But in practice,big shareholders false capital contribution and escape capital contribution frequently occurred,This will not only influence the market transaction security and transaction efficiency,causing economic disputes,causing debt is not clear,also invade other shareholders and creditors' interests.At present,the provisions of the company law to this aspect have the very big insufficient,in the practice also have a lot of difficulties,this paper contributive flaws shareholders civil liability to this problem,analyzes the problems and proposes Suggestions for improving China law.

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Available abstract

Abstract:Shareholders' contribution relates to the company's independent liability and independent personality construct,it is the important foundation that the company of external take credit,played an important role to maintain the transaction security.But in practice,big shareholders false capital contribution and escape capital contribution frequently occurred,This will not only influence the market transaction security and transaction efficiency,causing economic disputes,causing debt is not clear,also invade other shareholders and creditors' interests.At present,the provisions of the company law to this aspect have the very big insufficient,in the practice also have a lot of difficulties,this paper contributive flaws shareholders civil liability to this problem,analyzes the problems and proposes Suggestions for improving China law.

Key concepts: Shareholder, Database transaction, Business, Creditor, Debt, Legal liability, Limited liability, Corporate law

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