On The Enterprise's Liquidation System

At present, Liquidation system in China is far from being adequate to meet the needs of enterprises quit mechanism under Chinese socialist market economy. Many enterprises are not liquidated when in need of liquidation, while illegal liquidation occurs with a high degree of universality. Perfecting liquidation laws and regulations, standardizing enterprise liquidation practice, protecting corporate liquidation stakeholders legitimate rights and interests, safeguarding market economic order of the socialist legal system is an important part of the construction of Socialist economy abided by the law.This paper is composed of three parts, which are of an inherent logic connections and relative independence.In the chapter" the Analysis of China's enterprises liquidation system," the author makes a comprehensive analysis of the existing problems in Chinese enterprises liquidation laws and regulations on the basis of a brief survey of the content, types, functions of Chinese liquidation laws and regulations, and the author argues that the prominent problems in China's enterprises liquidation system are: "too brief and lack of operationability", " different requirements, the lack of universal applicability", " government interference, lack of independence"," no legal basis for creditor participation, the lack of transparency in the liquidation "," liquidation responsibility unknown, the lack of compulsory liquidation". And the main causes of these defects lie in the progressiveness of people's knowledge of the laws of the market economy and the limitations in China's corporate legislative system.In the chapter "the fundamentals of perfecting corporate liquidation system " , the author focuses on the analysis and discussion of "when enterprises are being liquidated", " of the legal status of enterprises liquidated", "the protection of interests of creditors in liquidating businesses". The author argues that, when a business is subjects to liquidation, the liquidation organization must be established and liquidation procedures must be initialized within 15 days. Except bankruptcy liquidation, the business liquidation must be accomplished within 180 days; In order to ensure the timely launch of liquidation proceedings, the legal responsibilities and obligations the liquidating staff should be clearly defined and the business dissolution and registration system should be established; The enterprises being liquidated do not lose the main civil legal qualifications and keeps its status of juridical person, except that its business activities and right capacity are limited. To protect the interests of creditors liquidation of the enterprise core mission, there should be clear and legally binding procedures to ensure the interests of creditors, enterprises should establish a sound system of registration, dissolution, legal notice system, claiming and reporting relief system, liquidation report confirming creditors system.In the chapter " perfecting criminal legislation of crime of disrupting liquidation ", the author starts with the semantic study of crime of disrupting liquidation start and argues that, the main defectives in China's legislation concerning crime of disrupting liquidation are: " the lack of comprehensive legal protection of business being liquidated"; "loss of specification of the criminality ", "the noninclusiveness of criminal activity specification". Drawing on the relevant legislative experience from abroad, the author put forwards some perfecting crime of disrupting liquidation legislation proposals: "defining acts of advance disrupting liquidation as criminality", "adding the criminal article of liquidation impotent", and initiate additional provisions against crime of disrupting liquidation"...