论中外合资经营企业注册资本制度的完善

On Perfecting the Capital Registration System of Sino - foreign Joint Ventures

本文在全面阐述《公司法》对合资企业注册资本制度的补充完善的同时,提出应增加“其他财产权利”为一种出资方式,允许合营者借款出资并规定现金在各种出资方式中的认缴比例,允许投资者以租赁来的设备出资,改“场地使用权”为“土地使用权”并取消禁止合资企业转让、出租或抵押土地使用权的作法;在出资缴付问题上,应要求企业设立时须有一定比例的出资到位,规定合营双方应同步出资,进一步完善有关不履行出资义务的法律后果的规定;关于减少注册资本,仍需彻底转变观念,同时就有关行政规章提出了一些探讨。

Along with the elaboration of the supplements made with regard to the sino - foreign joint venture capital registration system in Company Law of PRC, this thesis puts forward that ' other property right' should be added as a method of contribution; and that the parties should be permitted to contribute loans borrowed and the ratio of cash should be prescribed; and that the parties should be permitted to contribute the facilities leased; and that such practice as prohibiting the joint venture to transfer, lease or mortgage the land use right should be revoked; and that, on payment of contribution, a certain percentage of contribution should be required to be paid when the joint venture is established; and that the contribution should be prvided to make simultaneously; and that such provisions as to the consequence incurred by defaulting to make contribution should be further perfected; and that those ideas with regard to registered capital reduction should be changed completely, meanwhile, this thesis also inquires into relevant administrative regulations.