论股东虚假出资的民事法律责任

On the Civil liability of the False Capital Contribution of Stockholder

按期足额缴纳出资是股东的基本义务,无论在理论上还是在实践中,股东虚假出资都是极为重要的问题。股东违反此项义务虚假出资会损害其他股东、公司及公司债权人的利益,虚假出资的股东应当对其他股东承担违约责任,对公司承担侵权责任,对公司债权人承担债务清偿责任。

It is incumbent for shareholder to pay for all of his share of fund on time. No matter theoretically or practically, it is an important problem for shareholder to pay share phonily, which directly or indirectly relate to some company dissensions. If a shareholder act against his obligation, the interests of other shareholders, the company and the creditor will be damaged and the shareholder will have to take on the responsibility of breach for other shareholders, the tortuous responsibility for the company and the responsibility to discharge the debt for the creditor.