公司债权人利益保护的法经济学分析

发布时间：2018-10-13 07:16

【摘要】： 债权人利益的保护贯穿于公司法改革与发展的历史进程之中,至今仍吸引着法学与经济学专家们的关注与重视。与股东一样,作为投资者之一的债权人利益保护对策问题不仅跨越公司法内外,更深深的影响着公司法规则效率高低。在公司法不断变革以应对充满复杂变化的资本市场的背景之下,债权人利益保护的法律策略的设计与构建亟需重新得到检讨与认知。债权人以公司资本为信这一传统债权人利益保护理念已经逐渐退出公司法规则设计的历史舞台。面对软化后的资本规则,债权人与股东、高管之间的利益冲突愈加激烈,规制股东与高管滥权获利,保护债权人利益的法律策略亟需跟进。为降低债权人投资成本,增加其获利收益,强化公司信用并提高其对保护债权人利益的强度已经是当下公司法规则内对债权人保护策略的核心问题。多种法律策略共同对债权人利益所发挥增信服务作用的过程展现了公司法对债权人已经日渐形成了一个内在互动并充满活力的有机的法律体系框架。本文以法经济学分析方法为主,同时借重多种分析工具对我国公司法内外的债权人利益保护法律策略的逻辑内核及体系构建进行阐释与分析,并深度挖掘各类法律对策之间的联系与作用机理,从而为完善我国公司债权人利益保护的法律对策提出建议。
[Abstract]:The protection of creditors' interests runs through the historical process of company law reform and development, and still attracts the attention of law and economics experts. As shareholders, as one of the investors, the protection of creditors' interests is not only beyond the company law, but also has a deep impact on the efficiency of the company law rules. Under the background that the company law is constantly changing to deal with the complex changing capital market, the design and construction of the legal strategy of creditor's interest protection need to be reviewed and recognized again. The traditional idea of creditor's interest protection, which is based on corporate capital, has gradually withdrawn from the historical stage of company law rule design. Faced with the softened capital rules, the conflicts of interest between creditors and shareholders and executives are becoming more and more intense. The legal strategy to regulate shareholders and executives to abuse their rights and profit and protect the interests of creditors needs to be followed up. In order to reduce the investment cost of creditors, increase their profit, strengthen the company credit and improve the intensity of protecting the interests of creditors, it is the core problem of the current company law rules to protect creditors. The process of various legal strategies acting as a credit enhancement service to the interests of creditors shows that the corporation law has gradually formed an organic legal system framework of internal interaction and vitality for creditors. This article mainly uses the method of law and economics analysis, and at the same time uses many kinds of analysis tools to explain and analyze the logical kernel and system construction of the legal strategy of creditor's interest protection inside and outside the company law of our country. Furthermore, the relationship and mechanism of various legal countermeasures are deeply explored, so as to put forward some suggestions for perfecting the legal countermeasures for the protection of creditors' interests in our country.
【学位授予单位】：吉林大学
【学位级别】：博士
【学位授予年份】：2010
【分类号】：D912.29;D90-05

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