The Locus Standi Of The Corporation In Compulsory Winding Up Procedure

Recently,in judicial practice,many companies have been revoked the business Licenses because of not attending the yearly inspection to delay the corporation administration law. This consequence not only injures the creditor,lawful rights and interests but also the social credit base,which does harm to the Development to marketing economic. So the definition of the corporation's judicial Status and legal capacity becomes a problem,which need instant settlement in rule of law.In certain legislative and judicial circumstances,the registration system is becoming better through being amended. Through reviewing and analyzing from angles of legislation and judicature,the thesis writes about the judicial status and legal capacity.Liquidation is a necessary procedure of corporation's legal termination .A public, fair and liquidation procedure is a lawful protection for creditor and shareholder, interests. The thesis analyses the defect of liquidation system to suggest that the liquidation committee should bear tortuous liability for losses of the creditor incurred by the omission of action of the committee, and jointing of self-liquidation and compulsive liquidation. At the same time,the thesis brings out the Principle of negative Personality of corporation and Provides the conditions of application.