A Study On The Legal System Of Liquidation Of Companies In China

The company is the national economy cells, is the subject of a market economy, it is essential for the sound and rapid development of China’s economy. With the development of China’s socialist market economy, the company’s legal system has become increasingly innovative, but the company has shown in the course of the various contradictions and conflicts of interest are also increasingly prominent, especially with not much liquidation legislation the real-life complexity of judicial practice, seriously affected the conduct of the company liquidation system. Because of heavy liquidation involve stakeholders more complex legal relations, China’s "Company Law", "Law judicial interpretation II" and "Supreme Court case on company compulsory liquidation cases the seminar on" for all of the company liquidation system Many of the provisions are still many aspects, but need to be perfected. Moreover, the "summary" Although instructive for company liquidation system, but it is after all not legal, so the impact of its effectiveness and the law applicable. All in all, China in liquidation regime applicable legislation and legal shortcomings and flaws are there, compared with developed countries, there is a big gap. This is also a great challenge at this stage to emphasize "Rule of Law".This article is divided in three parts of the company liquidation regimes described and analyzed. The first part is the basic theory expounded liquidation, concepts and legal features include liquidation, the social value of the company and the company’s classification, aimed at some of the basic theoretical knowledge and understanding of company liquidation leads to liquidation of the company’s evaluation system. The second part is the liquidation of our current system of assessment, content Review of major bear three aspects, namely the company’s liquidator system, our company compulsory liquidation system, and some other related issues, in the above three aspects, and for each question detailed analysis to the full Review of the existing company law regime. The third part is the second chapter for the problem, and puts forward the corresponding improvement suggestions to promote the development of the company liquidation system, and promote the improvement of the corporate system, so that China’s "Company Law" to become a real Ministry both "good beginning", but also "good death" law.