Study on legal issues of company credit basis
|Course||Civil and Commercial Law|
|Keywords||credit capital credit assets credit company credit|
In the applications of registered capital credit, a lot of problems which could hardly be overcome have arisen, so a part of the scholars throw their lights to the assets of the company; immediately people change their admiration from capital credit to assets credit, but the unilateral stress of assets credit could lead to another illusory admiration. Then what should a company do to make himself trusted? Only when we are clear about company credit can we draw up reasonable capital systems. The essay demonstrates the diversity of the fundamental of company credit through five aspects: the analysis of the structure of credit, the history, the company capital system, and the capital credit and assets credit of a company; and then we will give some advice about the fundament of company credit. Here are some details. Firstly, it analyzes the structure of the credit, and defines the company credit. At the same time it put forward the thesis about the diversity of the fundamental of company credit. Secondly, in the perspective of history, it analyzes the changes of the fundamental of company credit and demonstrates the diversity of the development of the fundamental of company credit. Thirdly, in the perspective of the legislative reason of company capital system, it analyzes the diversity of the fundamental of company credit. Fourthly, it shows the positive and negative aspects of both capital credit and assets credit, through which it demonstrates the diversity of the fundamental of company credit. Fifthly, it tells us how to establish a diverse fundamental of company credit.This paper adopts comparative analysis. Firstly, form the point of view of history. It analyzes basis of the enterprise credit of different forms of enterprise organization, in which way it shows the development procedure of enterprise credit. Secondly in the comparison of there capital systems and those two credits, it try to show the feasibility of the diversity of the basis of enterprise credit and core function of company assets, especially the net assets.Finally it comes to the results and conclusions of this paper. About credit of the companies, most discusses is based on the issue that the company is trusted by capital credit or assets credit. The opinions are the same in essentials while differing in minor points. For example, somebody advocate the capital from the safety while somebody advocates the asset from efficiency. But I think we should take many other sides into consideration, not just in the aspect of capital or asset. The legislator should exert themselves in providing ways of informing investors and stock owners and establishing some related regulations to guarantee the company credit, instead of facilitating the capital credit of the company.