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实践中,股东作为出资者,经验资成立公司后又抽逃出资的情况极为普遍,而当前的公司法及其相关解释都没有对股东抽逃出资应当承担何种民事责任问题做出具体规定,这就导致了各地法院对同一类型案件裁判结果大相径庭情况的出现。本文对股东抽逃出资后承担何种民事责任问题进行了探讨和分析,认为抽逃出资股东应对公司承担侵权责任,对其他诚信股东承担违约责任,对公司债权人在其抽逃出资范围内与公司承担一般连带责任。
In practice, it is extremely common for shareholders, as investors and capitalists, to withdraw their funds after they set up the company. However, the current company law and its related explanations do not stipulate specifically what kind of civil liability should be borne by shareholders in their capital contributions. This has led to the emergence of courts of different jurisdictions that have very different referees’ results on the same type of cases. This paper explores and analyzes the issue of what civil liability should be borne by shareholders after they evade their investment. It holds that shareholders who evade payment should handle the company’s liability for infringement and assume liabilities for breach of contract with other honest shareholders. They should bear common liabilities with the Company responsibility.