Dissertation > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law

Company Capital System in China

Author SunGuangPeng
Tutor LinQingGao
School Dongbei University of Finance
Course Economic Law
Keywords The company's capital Capital three principles Compromise capital system
CLC D922.291.91
Type Master's thesis
Year 2005
Downloads 355
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Corporate capital system is an important institution of the Companies Act, is perfect other systems of the Companies Act, from the international community, the company's capital system of statutory capital system, authorized capital system and eclectic capital system of three modes. The reason for its existence, and the pros and cons of the pros and cons of the points the capital system each of the three modes. The capital regime provisions of the Companies Act is a strict statutory capital system, whose purpose is to maximize the protection of the legitimate rights and interests of the creditors and social security of the transaction at the same time promoting economic development, and earnestly safeguard the stability of the socialist market economic order , but in the actual implementation process, this strict statutory capital system does not reach its initial legislative purpose. With the constant improvement of the socialist market economy in the progressive development of our country and mature, modern enterprise system, especially after the accession to the WTO, China must adapt to the new world economic trend, deal with the serious challenges of the international community, this dull rigid system not only affects the operating efficiency of our company, constitute obstacles to China and the world economic and trade exchanges. Objective reality requires that the purpose of China's shift from strict statutory capital system compromise capital system, and absorb a number of advantages of the authorized capital system to realize the true value of the company's capital system, so as to achieve further promote the steady development of the market economy, the protection of the interests of the counterparty . In this paper, the economic analysis, legal analysis and other methods, the theoretical basis of the company's capital system, values ​​and specific legislation selected for a preliminary study. The text is divided into four parts, the first part of the Legal Analysis of the company's capital. From the two perspectives of economics and the Company Law, the article first discusses the meaning of capital, and the company's capital several specific meanings, the three principles of the type of company capital system and capital to be specifically addressed to lay the foundation for the discussion below. The second part of the analysis of the value of the company's capital system. The part starting from the fundamental value of the company's capital system, a more detailed discussion of the value orientation of the three corporate capital system tendency, and to analyze the reasons for their choices made and reasonable for, in order to pave the way for the discussion below. The third part of Company Capital System Analysis. This chapter first clarify the background and general characteristics of the formation of the company capital system in China, pointed out the defects of these systems from the funded system, the current provisions of the minimum capital amount of the increase or decrease in funding procedures, verification system. Given after an objective evaluation of corporate capital system, certainly played a major role in the specific historical period, pointed out the limitations of its history. Which leads to below perfect exposition of Company Capital System. The fourth part is to improve our capital system basic

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