ON ENTERPRISE INFORMATION PUBLICITY SYSTEM AFTER COMPANY CAPITAL SYSTEM REFORM:FROM THE PERSPECTIVE OF PROTECTING THE CREDITORS＇ INTERESTS

作     者：吴芳 

作者机构：Southwest University of Political Science and Law 

出 版 物：《China Legal Science》 (中国法学（英文版）)

年 卷 期：2016年第4卷第1期

页      码：54-80页

摘      要：As capital credit system adhered to in commercial area is smashed by a new round of enterprise capital system reform,a significant issue placed before this round of reform is how to protect the interests of the *** enterprise information publicity system,though highly praised as a means of prevention,is also faced with all sorts of *** view of this,an empirical research on China s enterprise information publicity system indicates that there are some problems existing in both design and actual operation of such system,which,at the system level,include the lack of regulation in enterprise information publicity,the insufficiency of remedy granted to a third party harmed due to the violation of publicity obligation,the disconnection with China s practice in transaction,the absence of differentiated treatment with regard to enterprises voluntary information publicity,etc.;and which,at the system operation level,include the incomprehensive publicity with regard to content,improper regulation for the implementation of enterprise information publicity system,unitary channel for enterprise information publicity,higher cost for obtaining further information by such third parties that cannot obtain enterprise information through publicity *** problems mentioned above have seriously restrained the functions of enterprise information publicity system in maintaining transaction security and protecting the interests of ***,it is necessary to improve China s enterprise information publicity system through such means as enhancing responsibilities of relevant entities for information publicity,improving the content of information publicity,and establishing the third party information publicity platforms.

主 题 词：信息公示 公司资本制度 债权人利益保护 inspection 保护债权人 registered supervision authorities 信息成本 trading 

学科分类：0301[法学-法学类] 03[法学] 030107[030107] 

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