中国有限责任公司股东出资瑕疵民事责任认定

Abstract

The company is the subject of economic activity, occupies an important position in the modern market activity, and the capital of the company is the foundation of the normal operation of the company, it is very important. As a code of conduct for its activities, the Company Law is one of the most important problems in the research, which is the problem of the shareholder’s capital contribution. The respective responsibility of the shareholders, the company and the creditor is the focus that we need to pay attention to and research. The defect of shareholder capital contribution is related to the capital enrichment of the company, which is the basis of the normal and stable operation and credit of the company. This paper studies the defects of shareholders’ capital contribution, and focuses on the responsibilities of shareholders with investment defects. Mainly divided into four parts, the first part through the definition of investment defects, the introduction of a variety of investment defects of the three key cases to distinguish and discuss. The second part, in view of the situation of capital contribution defects, compares all kinds of theoretical views on liability bearing, and discusses the related identification of civil liability bearing and the existing problems at the present stage. The third part mainly discusses the advanced legislative experience of the defect system of shareholders’ capital contribution in foreign countries and the basis of the country. Outside on the shareholder investment defects system to get the relevant enlightenment. The fourth part is on the related issues put forward some suggestions for improvement.