Research On The Liability Of Liquidation Subjectin Non-bankruptcy Of Company

In China, there are currently two basic approches for companies to withdraw from the market, namely, backruptcy liquidation and non-backruptcy liquidation. However, due to the presence of many oversights and the absence of effective countermeasures, non-backruptcy liquidation is congested with a number of problems, which need to be improved by healing the system. In our current non-backruptcy liquidation, there mainly exist the following problesm: First of all, non-scientific demarcation basis; second, defficient regulations on petition of liquidiation procedures; third, absence of stipulations on liquidation time limit; fourth, loss of liability articles. The author takes that in the practice of liquidation, the defficiency of judicial remedy in the petition of liquidiation procedures and the nonfeasance of the liquidation obligator are two problems in dire need of solutions, therefore, on the one hand, efforts shall be made to regularize the dissolvement liquidation, establish and improve non-backruptcy liquidation procedures, and set up the parties respectively of liquidation application, liquidation implementation and liquidation obligation. The non-backruptcy liquidation system is a precedural system in itself, with a purpose to justify the liquidation result, i.e., to guarantee the fairness of the system entity through just procedures. On the other hand, efforts shall be made to define the liabilities of the liquidation obligator before the corporation of liquidation team, liabilities of resisting liquidation organization, liabilities during the course of liquidation and the liabilities of violating civil regulations, to define the liabilities of all the main bodies that violate the criminal rules and regulations, especially to set up the stipulations to seek for civil liability of concerned party in accord with applicable personality negation system of legal representative against the malicious dissolvement. During this process, we shall need to define the character of the company after its dissolvement and before the establishment of the liquidation team, the legal status of the liquidation team and its legal relationship with the liquidated legal representative, and the court shall define the meaning of"concerned personnel"involved in the liquidation.