The Company's Creditors In Liquidation Protection System Research

In modern society, the company's development than at any other time, its impact on society is enormous, the company engaged in commercial activities, all the time with the outside world does not place the relationship between credit and debt. Company liquidation of the company's exit from the market's anecessary means of survival as the company's legal personality of the final stages of clearing system of the company's legal system animportant component of the company's exit from the market in accordance with due process of law, maintain the market transaction security, protection of creditors, or company's shareholders and other stakeholders of the important legal protection of legitimate rights and interests and shoulder maintenance creditors of the company, shareholders and other stake holders of the balance of interests to ensure that the important task of socio-economicorder and stability. Given the important role of the company liquidation system, national company law are jus cogens form of liquidation of the main provisions of the company, liquidation procedures, the legal consequences.China's current "Company Law" The first article states explicitlyprovides for the legal protection of creditors of the company thetask of the Department of Corporation Law,however, the termination of liquidation phase in the company, the final barrierto protect the interests of creditors, our system of company law there are still missing, There are many places we need to explore in-depth study. Theexisting Company Law of the provision smade for liquidating the company is still a lack of systematic,clear and feasible, for example, corporate liquidation, the negative qualification system, the existing company law is not only the general provisions of the application of a specific situation, this state of affairs has led to the judicial practice of non-uniform; creditors or shareholders of the legitimate interestsof stakeholders such as lack of effective protection; prevent the transaction order and transactionsecurity. Therefore, the complete liquidation of the legal norms inour country is not only aninherent requirement of the market economy, but also academia and the judiciary has become the important issues of common concern. To improve China's CorporationLaw, the creditors of the company to provide strong protection, this right off the existing company law. In liquidation of the creditor protection of an in-depth analysis of the problems and put forward countermeasures.To sum up, this article mainly divided into three parts, namely the protection of creditors of the company in liquidation of the general theory, on the liquidation of our company's creditor protection system when the status quo and existing legislation inadequate analysis, and address these deficiencies raised by the company on improving the liquidation of the creditor protection systemof specific measures, this paper improve the company's creditor protection system has practical significance.