A Study On The Court 's Authority In The Mandatory Liquidation Of The Company

Now companies are playing more and more important roles in the background of contemporary market economy. The “life” and “death” of a company should be regulated by laws and regulations. The “death” of a company means the termination of this company,including dissolution and bankruptcy. A company will be finally cancelled with legal liquidation after its dissolution. An essential condition for company dissolution and cancellation is the procedure of legal liquidation. Through liquidation, the credit and debt will be clarified; each relation will be straightened out; the corporate capacity of the dissolved company can be cancelled; and the market economy order won’t be disturbed. In principal there is a liquidation of company itself, but such liquidation may not be executed completely in practice, therefore a compulsory liquidation is required for liquidating the company in any cases.Among the compulsory liquidation regulations, people’s court will play a leading role with the purpose of guiding a better and more beneficial development for this compulsory liquidation. This thesis is to take the court’s role in compulsory regulation as point cut, to clarify the basic theories of compulsory liquidation regulations from intension, extension and values, to state the basic conditions and existing defects of compulsory liquidation case in current China courts, to compare the court authority with that of foreign courts and Chinese Taiwan courts, to discover the shortage of our court authority, and to put forward ideas in improving our court authority in compulsory liquidation.