Compulsory Liquidation Of Company

Market economy is the rule of law economic.Corporate,as an important part of market players, not only their access to follow certain rules, the exit must have a sound regulatory system.Chinese company Law and the Supreme People's Court issued judicial interpretation, for the compulsory liquidation of companies in the case hearing provisions of the relevant issues have been made, but in view of non-litigation procedure in such cases the characteristics and imperfections of the current specification liquidation, it is necessary to further clarify the trial of such cases the principle of detailed procedures and substantive provisions, to better regulate the company out of the market, and maintain operation of the market order. In economic life, the company liquidation of the company through the elimination of legal personality to achieve market economy, survival of the fittest under the civil subject, but also the inherent requirement of economic laws. The author believes that the provisions of the Companies Law, the company all the property outside its responsibility, its contribution is limited to shareholders of the company liable for the debts, companies and investors who are independent legal personality, in this case, creditors of the company directly to shareholders to pursue clearly contrary to existing regulations. But in practice, shareholders and actual controllers of the use of legal loopholes to evade the debt of others, serious damage to the interests of many creditors of the company. As legislative reasons, coupled with China is still not established a sound credit system, allows the company to shareholders of evasion of debts has become a new way. Therefore, establishing a sound legal system in China, is imperative. Establish the system of Compulsory Liquidation Company, is the reality of social life needs, but also the court should have judicial functions. After the dissolution of the company without liquidation liquidation or inappropriate, threats and abuse of the shareholders, creditors, the legal rights, social integrity and order of unsustainable. Liquidation of the company can not own circumstances, aggrieved parties should be subject to state protection and relief, enjoy the right to appeal. Compulsory liquidation by the court, the parties for damage to provide judicial relief and protection, protection of market operation and the normal conduct of government activities. Although the non-litigation cases of compulsory liquidation, but the opposition still has the interests of the parties belonging to the court of judicial matters, the court in accordance with the rules and procedures, clear the rights of the parties, obligations and responsibilities of ownership and content, providing finality of settlement and the special relief. Standardize and improve the system of Compulsory Liquidation Company, forced liquidation of the company to properly hear the case, the establishment of effective market exit mechanism, to better protect shareholders, the company and the legitimate interests of creditors, maintain the market trading security and order, to achieve survival of the fittest, optimize resource allocation to promote smooth and efficient market development.As people in business operations, produced in the main carrier set behavior, die in disbanded, to this, in our company law are regulations. But in reality, because all sorts of reasons licenses revoked closed and the enterprise increases unceasingly, the enterprise most not according to the regulation liquidation, a lot of debt is long-term shelved, interests of creditors, and very difficult to get legal protection for this abnormal condition because of a lack of clear business disputes of the relief way, so that it is unable to solve disputes, highlights the massive social problems, increased instability of China, and the establishment of a harmonious society, the legal personality. Is to adjust social relations balancer. When the company, the company after the dissolution of Stockholders, creditors, staff and other social stakeholders and the company's relationship tends not steady state, therefore, must pass the liquidation procedures cleaning the social relations, and finally destroy corporate personality, in order to achieve stable social and economic order. Because the bankruptcy liquidation of the bankruptcy law system in China as more specific and detailed provisions of the company law, this paper check-count system refers to only the bankruptcy liquidation system. This article from the company and shareholder, creditor, the social and public interests based on the relationship between the corporation in our country, perfect the legal system of the bankruptcy liquidation analysis, hope to problems with the company disbanded after liquidation and beneficial.