A Study On Corporation Non-bankruptcy Liquidation System Based On Creditor Interest Protection

Corporation liquidation is an important part of the corporation legal system. As the last period of the corporation's personality suivival, liquidation legal system shoulders the task of protecting benefit balance of the interested party, and guaranteeing the social and economic order stability. The direct purpose of corporation liquidation is to deal with the corporation's assets and to apply the assets to their discharge. But ultimate object and value lie in protecting the interested party including corporation creditor, shareholder and social economic order. The paper discusses non-bankruptcy corporation liquidation system just from creditor point.Corporation liquidation includes bankruptcy liquidation and non-bankruptcy liquidation. Generally speaking, the study on the bankruptcy liquidation is adequate, but there exist many problems in the study on the non-bankruptcy liquidation. First, in corporation non-bankruptcy liquidation practices, there exists much phenomenon in infracting creditor interest. For example, after corporation dissolution, shareholder don't fulfil liquidation obligation in time, and shareholder dismiss corporation hostilely, or corporation does not carry out liquidation normally and so on. The cause of this phenomena lie in imperfect corporation law concerned liquidation. basing on new corporation law, this paper analyses the problems in corporation liquidation legislation. From point of view of the creditor's interest, the paper puts forward the ideas of perfecting corporation liquidation law, and tries to set up relatively perfect system of corporation liquidation legislation.This thesis is divided into three chapters altogether.Chapter one is about the general theory about corporation liquidation and protecting creditor interest. The chapter explains the disbandment of company and corporation liquidation, analyses the phenomenon in infracting creditor interest existing corporation liquidation practices, elicits the principle of corporation liquidation, and advances the corporation liquidation function in guaranteeing creditor interest.Chapter two points out the problems in corporation liquidation legislation. The part analyzes the limitations existing legislation from liquidation procedure, liquidator system and creditor system of attaching themselves to liquidation.Chapter three strengthens creditor interest protection and perfects corporation liquidation legislation. This is emphases of the thesis. The chapter discusses six aspects as follows: setting up corporation liquidation register system, establishing start-up procedure about constraint liquidation, improving justice disbandment and liquidation system, perfecting irregularity liquidation duty and extending creditor relief approach.