Study On Company Liquidation's Legal System

In building a socialist market economy, companies are playing an increasingly important role. The companies are not only the complex of investors, creditors, debtors, employees, the public and many of the main interests, but also the carrier of economic development, scientific and technological progress, the country's prosperity, social harmony and rich people. Measuring a country or a region's economic competitiveness and the degree of modernization of one of the important criteria is to see whether there is a sound environment of law for the company.There has been a major breakthrough and innovation in the revised "Company Law of People's Republic of China", and it has been gradually into line with modern company law. However, there are still a lot of defects in the company's liquidation requirements, there exists a lot of the non-liquidation company in name only in real life, and it brings about a lot of trouble and confusion to the trial court. Therefore, exploring company liquidation's legal system is not only great theoretical value, but also important practical significance. This paper from the pursuit of fairness and justice builds a harmonious society point of view, in order to balance the interest in the company's main interest-based, and take the company to integrate theory with practical methods of trials, and focus on company liquidation's legal issues, and still bring up some proposed system of improving the company liquidation. In this paper, I am on an overview of the company's liquidation value of the system and the general theory based on our company. I focus on the liquidation of the legal system and the lack of improvement, especially from the four aspects of the liquidation of the company. That is improving implementation of the system matter, the particular establishment of the company liquidation system, strengthening the company liquidation civil liability for company liquidation and building sound supervision system. I focus on these four aspects of the liquidation of the company to improve the legal system aimed at improving the company's legislation.In addition to the introduction of this paper and conclusion, the body is divides into four parts.The first part is to introduce the company's liquidation of the general theory of the problem. As a natural born from the same end as an independent legal personality of the company, it has the process from birth to a demise. If registering is the necessary procedure to obtain legal personality, clearing is the necessary procedure of the eradication of the legal personality. Unless liquidation in accordance with the law, they are not allowed to terminate the write-off. Liquidation of the company's general theory of issues including the concept of the company liquidation, the company liquidation's characteristics, the reasons of the company liquidation, the classification of the company liquidation, the content of the company liquidation, as well as the legal status of the company liquidation.The second part will examine the theoretical basis for the liquidation of the company and the value of the system. Any legal system's coming into existence and having a perfect has its profound social and historical roots, and then should accommodate the level of economic development and way of life, suit the production and accumulation of resources in the ideological predecessors of the current theoretical innovation and echo the demand for the company clearing. The emergence of the legal system is no exception. We cannot separate any legal system's improving from its value system exploration. Liquidation of the company as a company out of the market mechanism of the legal system relates to the company and the various interests of the principal balance of interests and relates to social order and economic stability and orderly development. In this context, I explain the legal principles of good faith. Corporate social responsibility theory of intervention in the economy and the country's thinking of the company's liquidation is on the basis of the theory point of view. Then I further demonstrate the company's liquidation value of the five major systems. That is, on the principle of fairness and efficiency of maintenance, on the protection of the interests of investors, on the protection of the interests of the creditors, on the company's social responsibility to fulfill the supervision of trading, as well as on the security and the stability of the market order.The third part is my analysis of the actual state and shortcomings of company's liquidation system. In this part, the author analyses the problems and shortcomings in our country's clearing system from the two major aspects of the legislative and judicial. China's "Company Law" in the latest amendments in 2005, increased 41, deleted 46, modified 137, retained the provisions for less than 10% of the total. It is rarely seen the broadness, the magnitude and the number of the changes in China's new legislation history. Then it makes the "Company Law" from a planned economy with a strong color of law transformed itself into relative to adapt to China's market economy law. Although there have been greatly improved in the requirements, the legislation is loosely logic, some of the provisions of the comprehensive are not enough or too simple, clearing system has a number of significant shortcomings, even it does not provide for the actual work, and interoperability is not strong. The situation on the liquidation of the company will no doubt have a negative impact. The fourth is to explore improving the clearing system in China. The author believes that any analysis and discussion on the ultimate value and significance of being able to properly solve the problem or the solution to their problems, ways, methods. As a result, this part is the most important part of the full text. I use about half the length of the full text from the four areas to put forward the idea of liquidation to improve our country's legal system. That is, through the improvement of the implementation of the system's clearing services I clear the liquidator service, selection and dismissal of rights and obligations. Through the establishment of a special company I resolve the clearing system in the range of ordinary bankruptcy and liquidation of the company between liquidation in order to better ensure that creditors and shareholders of the legitimate rights and interests of small and medium-sized. Through strengthening the company's liquidation of civil liability I further regulate the activities of the liquidation of the company to make a different subject related to a clear legal obligation to the community and the edge to ensure that the liquidation of the company activities in accordance with the law, orderly and efficient conduct. Through the liquidation of the company and improving the supervision system, I ensure the smooth development of the clearing work to promote an open clearing, legal liquidation, the liquidation of a harmonious, stable social order and market order.In short, China's new "Company Law" on Jan. 1, 2006 will come into effect in both theoretical breakthroughs and innovation system, and it is a common practice with the international practice of the basic law. However, the study, understanding, digesting and absorbing the legislative purpose and essence of the law will take some time, and how to grasp the practice of the law in the operation accurately also need a process of exploration and improving. If the current "Company Law" on the 2005 amendment establish a relatively perfect system of access to the company and greatly encourage investment and promote the development, then we must say that our country has not yet set up to ensure that legitimate and in an orderly manner of the market system companies. The pressure of the risks has failed effectively to eliminate, and the economic order has no strong guarantee. In this sense, China's "Company Law" is only a "good beginning" and not "good death" of the Company Law. Hence, the focus of this article looks into the issue of the company liquidation's legal system from the "good death", and I make a number of shallow ideas and proposals to improve the legal system and aim at improving the company legislation.