Abstract The bankruptcy administrator should give consideration to the interests of all parties in the process of performing the duties, and clarify the litigation status as the qualified plaintiff is helpful to demonstrate the independence and autonomy of the bankruptcy administrator. In the case that the total amount of creditors' rights in bankruptcy is less than the amount of unpaid or withdrawn capital contribution, it is legitimate for the bankruptcy administrator to collect capital contribution limited to the total amount of creditors' rights from shareholders. If the shareholder of limited liability company transfers the equity which has not been paid the full amount of capital contribution before the term of capital contribution expiring, the transferee should be regarded as the definite subject to recover the capital contribution, and the original shareholder should be regarded as the joint subject to undertake guarantee liability under certain conditions. In the meantime, it is necessary to refer to the standard path of the limited liability company, and identify the shareholder and transferee's liability of capital contribution in the joint stock company that meet the illegality elements. Accordingly, it is necessary to amend the relevant provisions of the bankruptcy law and company law, and construct supporting systems.
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