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Legal Thoughts About How To Perfet The Corporation-termination System In China

Posted on:2006-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZhuFull Text:PDF
GTID:2166360185453429Subject:Law
Abstract/Summary:PDF Full Text Request
The market economy is the legal system economy, but the market corpus is amerchandise the foundation of the economy.To build up the perfect socialismmarket economy system, not only need to have the perfect commodity exchangebehavior rule, but also need to have the perfect market corpus into and withdraw thesystem, otherwise, can't maintain the normal market economy order.The company isan important chemical element within the market corpus, can the norm ground enterand withdraw the market, not only thing safety that relating to trade, but also relate tothe our country socialism market economy system perfect.Many in the last years, the our country enters the market to the company,business enterprise-establish, carry on the strict restrict, even carry on the built-upadministration examination and approval, but, withdraw the market, terminate theproblem but almost be placed in the permissive appearance for it, log off to registeralmost is to become formalistic.The company illegality dismiss, illegal settlement theproblem has been perplex our country judicatory practice.After a great deal ofcompany dismiss don't carry on the settlement and don't carry on to log off theregister, cause the legal right obligation relation can not get the in time pure knot, itsresult is since injured the person's legal rights of creditor, shareholder, relation, alsodisturbed the normally economic order, lower the authority and the serious of thelaw.The creation of these problems comes from the relevant company of our countryto terminate the law laws of problem not enough sound and perfect, but the law is notsound, not perfect is because to terminate the theories understanding of the system notenough.This text tries to pass the research of the fulfillment, lawmaking, theories thatterminates to the company, terminating the system to do to the company on discuss, towish to terminate the system to the company of the our country perfect to have thehelp. This article altogether is divided three parts: The first part terminates the medium not reasonable phenomenon andadministration, judicatory of emergence to practice from the company medium theproblem of emergence commence, pass analytical the our country company terminatesthe law system, terminating the existent lawmaking disunity of the law system to thecurrent company;Terminate, dismiss, clear up accounts, three of concept is not purenot clear; Dismiss the medium administration dismiss total lack the system, registerand Mr.s that lacks the shareholder to dismiss to request the power, judicatory todismiss, dismiss show;Clear up accounts the position of the medium settlement legalperson not clear, clear up accounts the corpus not pure, clear up accounts the legalperson system not perfect, clear up accounts the procedure not system, judicatoryspecial the settlement lacks;Terminate the law responsibility existence obviousblemish etc. the problem carries on comparing for the system, overall critique.The second part is from the angle of the theories to the basic concept andcorrelations that the company terminate, dismiss, clears up accounts, dismiss theadministration in the system, judicatory to dismiss, the shareholder dismisses torequest the power and dismiss of effect, Mr. show, repeal, clear up accounts thegeneral procedure within system, clear up accounts the medium company position andclear up accounts the corpus, terminate the law responsibility etc. the problem carryon the law research, pointing out that the company terminate is be dismiss by thecompany, the company clear up accounts, the company logs off the register etc. thebehavior constitutes together of aim is exterminating the legal procedure of thecompany legal person qualifications, is a to take charge of to dismiss the beginning;experience successively the company settlement and complete on account of duty toperish the process in the company of log off the register.The third part according to the actual circumstance of the our country, combinethe abroad forerunner of terminate the lawmaking, theories, put forward unifying theour country company to terminate the law system, basic concept, basic principle, basicsystem, basic procedure of norm, increase to establish the shareholder to dismiss torequest the power, judicatory to dismiss the system, perfect special settlement, soundinclude the civil case, administration, the pertaining to crime responsibility at insideof terminate the law responsibility system etc. suggestion, thus build up rise a beterminate by the company of reason-dismiss, the premise that company terminate-clear up accounts, the marking that company terminate-log off to register constituteof, the company of science, system terminates the logic system of the law system.
Keywords/Search Tags:Company, Terminational system, Dishand, Liquidation, liability
PDF Full Text Request
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