《公司法》关于债权人保护的机制探究——以资本认缴制为视角

Study of Mechanism of "Company Law" on Creditor Protection——From Perspective of Capital Subscribed System

自新《公司法》实施以来,债权人保护制度显得差强人意。既然立法倾向于让市场主体自行识别、评估和承担风险,就需尝试建立一些新的制度作为市场主体自我维权的平台,以此恢复法律天平之平衡。相关部门可以从建立企业信息公开平台、完善我国法人人格否认制度、限制股东分红权的行使和设立债权人请求权四个方面着手逐步健全相关配套机制,实现对债权人利益的维护。

It seems that the system of creditor protection is barely effective in the implementation of the latest company law. Since legislation means to let individuals in the market identify, evaluate and take risk by them- selves, there is a need to try to establish new system as a shield by which individuals in the market can protect themselves . Only in this way can the scale of law keep balanced. In order to protect the right of creditor, we can establish complementary mechanism which include the publicity of information of company, disregarding of the cor- porate personality, limiting dividend rights of shareholders and setting up right of claim of creditors.