s:The new"Company Law"establishes the system of equity loss to maintain the authenticity of company cap-ital and urge the subscribed shareholders to make contributions on time.Although there are many bright spots,based on Rele-vant subject impact analysis and actor response testing,the system faces eight major problems in two dimensions,regulation and implementation.For equity loss shareholders,other shareholders,the company and the company creditors,the critical loss of rights may cause the shareholders to lose control power,the proportional payment will impact the company's equity struc-ture,the responsibility of equity loss shareholders is unclear,and the interests of the company's creditors are ignored to a cer-tain extent.There are also some specific risks in predicting the reaction of market subjects after the implementation,such as rule shielding rule,rule overhead rule,rule suspension vacancy,rule purpose failure,etc.The root cause of the problems is equity loss system established by the new Company Law is equal proportional loss,which dispels the punishment of the sys-tem.The civil law logic of rescission of contract is not suitable for commercial relations such as equity rights and companies.Through the judicial interpretation of the new Company Law,the dilemma can be alleviated to a certain extent by clarifying va-rious ways to deal with the shareholder's failure to pay contributions and guiding the autonomy of the company,supplemented by the duty of diligence and loyalty of directors to the responsibilities of directors.
New Company LawEquity LossTermination of ContractPunitivenessJudicial Interpretation
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