Research On The System Of Company Non-bankruptcy Liquidation

with the development of markets economy, the enterprise as market entity plays more and more important role. Because of all kinds of reasons, the enterprise is likely to withdraw from the fierce market competition. As one of the important basic laws and regulations in market economy, company liquidation legislation plays an important role in balancing the benefit between company creditors and shareholders, as well as stabilizing the social economic order. A complete market law system is supposed to includes three regulations, such as regulations on markets access, market exchange, market exit. For reasons, legislation for company in china pays more attentions on establishment and operation by the ignorance of market exit. This severely spoils the benefit of company creditors and investors. Also, this has negative effect on normal economy order and the development market economy. On this background, by the means of comparative law, the essay conducts a research on the company liquidation legislation system of mature foreign company, with the combination of china basic national condition, to improve our nation's company liquidation legislation.Besides the introduction and conclusion, the thesis demonstrates the view from four parts.The first part refers to some basic theories on company non-bankruptcy liquidation. Firstly, the author gets the conclusion on the definition of company liquidation by the study of different views from different scholars. Moreover, according to different standard, the essay categorizes the company liquidation into non-bankruptcy liquidation, bankruptcy liquidation, arbitrary liquidation, legal liquidation, usual liquidation and special liquidation, to point out the object of the study on non-bankruptcy liquidation. Finally, the author deeply explores the value of company liquidation system, to maintain the social order, to protect the creditors'and shareholders'benefits.The second part makes the presentation on the reality and legislation system on company liquidation in china. Actually, in china a lots of companies are dismissed for kinds of reasons, but few of companies are willing to organize the liquidation to clarify claims and liabilities, even to make vicious liquidation for escape from liabilities. All these occasions spoil the benefit between the creditors, even spoil the social order.The third part does some researches on liquidation obligor. The author focuses on the definition, difference in claims and liquidation obligor by the introduction of scholars'different views. Then, the author illustrates the appointment, dismiss, rights and obligations of liquidation obligor to introduce the mature foreign legislation, by the deep research on liquidation obligor system. At last, on the term of some problems about the liquidation obligor title, legal status, appointment and dismiss, rights and obligations of liquidator, the author presents the analysis and puts forward the good suggestions.The fourth part mainly carries out the research on compulsory liquidation system. First, the author distinguishes the special liquidation system from the compulsory liquidation system with the analysis of the definitions and relation. The comparison research clarifies the difference between compulsory liquidation in china and foreign special liquidation system. Then, the author gets the conclusion about how to improve the compulsory liquidation system by taking the advantage of the foreign special liquidation system. At last, the author points out three problems in the beginning, operation and the end of compulsory liquidation procedure. On the base of the conclusion, the author gives proposals on improvement of company liquidation system.