Liquidator Legal Issues,

Focusing on liquidator, by the method of comparative law, the thesis evaluate and analyze the liquidator affairs in the point of legislation, juridical and doctrine. Ideas of legal sociology and thought way of legal value and historical analysis are infiltrated and embodied in the analysis of liquidator rules. The thesis pays attention to the application of theory to practice, analyzes and explains juridical matters with the successful legislation experiences of developed countries, and comes up with beneficial views. The thesis composes of five chapters which includes foreword, fundamental concept, foreign legislation study, china legislation evaluation and suggestions of legislation. The first chapter defines that liquidator is human or corporation appointed by certain procedure in the case of a company which is being wound up, to undertake the liquidation affairs.The second chapter compares certain counturies' liquidator system. Liquidators will be appointed by law, by the statute of the corporation, by the meeting of the creditor or by the court. Certain qualifications and special techniques will be prerequisites for a qualified liquidator, liquidator can be human, corporation or the creditor. Liquidator will assume compensation liability to the corporation, shareholder and creditors, in case of damage or lose of the their interest caused by the liquidator, nevertheless it is acted intentionally or not. Liquidator shows certain characteristics including the specialty of its duration, neutrality of its interest, legal authority of its duty, multiplicity of its function and the speciality of its qualification.Chapter three evaluates china's liquidation system. Deficiency of Chinese liquidation laws shows in such aspect as legislation, juridical, doctrine and liquidator, which can be described as: dilapidated liquidation legislation idea, lack of manenverability, deficient liquidation and dissolution system and weak liquidator system. The conclusion chapter comes up with suggestions to liquidation legislation of China. Considering the speciality of liquidation affairs and the neutralism and independence of liquidator, the thesis suggests that China should establish professional liquidator system and constitute unified liquidation law. To establish professional liquidator system, the first is to set up registration liquidator system, the second is to build up professional liquidation office and finally to realize the marketability of liquidator. To establish unified liquidation system, present mechanism that liquidation system be established according to the corporation type and proprietorship of the capital should be improved. We shall set up juridical dissolution system and revise the special liquidation procedure. The academic value of this thesis is that by the systemic research and analysis of the status of China's liquidator matters, the thesis propose the idea of establishing professional liquidator system and the plan of unified liquidation law, which provide the academic material for the consummation of Chinese corporation law and the foundation of Chinese liquidation system, under the circumstances that china's research on liquidator affairs is not yet in-depth.