韓中 會社法上 株式會社의 資金調達에 관한 比較硏究

Abstract

China is the nation that civil law and commercial law unites as one, havingno independent code of mercantile law, So company law making up adoptsa single form of the lawmaking. On December 29, 1993, China promulgated the first company law, since then which was carried on three modifications successively. Passed on December 27, 2005 and combined into implement from January 1, 2006, current company law has13 chapters including 219 rulings totally, which rules a series of problems on the organization and the management of a company. There are only two kinds of forms of company in Chinese company law, the company of the limited liability and incorporated company. All capitals of incorporated company are divided into average share. A shareholder undertakes a responsibility to the company by the shares he has bought. The company undertakes a responsibility to the company obligation by its all properties. The incorporated company is a kind of most beneficial company form of concentrated capital, and this kind of property's coming to a decision a company can collect a great deal of funds to satisfy the capital possibility that management needs from the society according to demand. Although there are a lot of methods of funds collecting, at present many Chinese incorporated companies still depend on fund from financial institutions to solve the fund problems that they meet. But it is very difficult to satisfy the needs of these companies’ large-scale margin in modern economic society. Over two years various laws made a series of provisions to the issue of new shares and the corporate bonds, which promised the development of the issue of new shares and the corporate bonds in China from the aspect of the system. But because the market economy system and stock market of China are still immaturity, there are still lots of problems in the process of making use of the issue of new shares and the corporate bonds to collect funds. This thesis fpmulated and compared the new issue and corporate bonds issue in the company laws of South Korea and China, finding out the differences of two countries and analyzed the existent problems in Chinese company law in the comparison, and clarified the suggestion of the writer and rectifying measures. In Chapter 1, it mainly describes research purpose and the range of research and methods. In Chapter 2, it mainly describes Chinese company law and company capital system, and investigate the method that a incorporated company collects funds. Chapter 3 is the company law of South Korea and China studies in the new comparing of issue of the incorporated company, Chapter 4 is the comparison research of the issue in company law of South Korea and China at incorporated company bond. Finally, chapter 5 carries on a sorting according to the contents for elaborating of chapter 3 and chapter 4, and find out Chinese company law to collect a funds to publish to publish a last and existent problem with bond for the new of purpose in the incorporated company, and clarified remediable measure.