The Research On Regulations Of Protecting To The Creditors In The Company's Termination Stage

One of the important functions of " the Corporation law " is to provide legal protection to the creditors and to ensure company's stable , healthy and sustainable development. The modern corporation law not only pays close attention to the right, duty , interest relation of the company , shareholders, directors, but also needs to provide the effective law safeguard to the legal status and right of the creditors of company. In the furious market competition nowadays, the termination of company often happens, and in this termination stage , the foundation of the consistent benefit hasn't exist , the benefit conflicts of each aspect sharpen. It may endanger legal benefit of relevant aspect, especially the benefit of creditors , so it is especially important to build up the regulations of protecting to the creditors in the company's termination stage.In " the Corporation law " of our country, the balanced protect between the shareholder and creditor's benefit is not enough, the regulations concerned are also deficient to protect the creditor's benefit. A lot of regulations are short of operatability on design, even many important regulations are still a complete blank. For the protection to lawful rights and interests of the creditors in the company, and to strengthen the creditor's position in the company , our country's corporation law should throw away the regulations harmful for the protection to the creditors of company, and establish the regulations beneficial to the creditors of company, which will perfect our country's regulations of protecting to creditors in the company's termination stage.The main body of the book adopts the research method of economic analysis ,and it starts with the point of view of transaction cost, to tries to analyse the nature of the company's termination and how to establish and perfect the regulations of protecting to the creditor's benefit in the company. The author thies to bring forward the legislative propose on how to strengthen the ptotection to creditor's benefit in the three stages of company's termination, which are the stage of company's dissolution, the stage of company's clearing and each stage of dealing with problems after the company's termination.