On The Perfection Of Chinese Enterprise Legal Liquidation

Before being disbanded, the legal person of the enterprise should accomplish settlement and end the relations of various laws as the litigant, which is the prerequisite condition of the investors of the legal person of the enterprise who take limited responsibility for the legal person of invest and the invest amount. Therefore some developed countries with relatively perfect mechanism of market economy take accomplishment of settlement as the prior procedure of person appearance of the legal person of the enterprise. The legal person withdraws the market, which is the main body in our country, in the two fundamental ways. Nowadays the settlement of the legal person of the enterprise falls into settlement of bankruptcy and settlement of non-bankruptcy. Generally speaking, the present procedure of settlement of bankruptcy is relative standard. Yet settlement of non-bankruptcy has a lot of problems. The reasons lie in many oversights in the laws concerned and lack of supervisory measures. It's necessary to perfect it in the system.Nowadays in the settlement system of the non-bankruptcy of the legal person of the enterprise, the main problems exist as follows: First, unscientific division. Our present settlement system of the legal person of the enterprise divides the settlement of the legal person into the settlement of the legal person of the non-company, the settlement of the company and the settlement of the foreign investment. The three settlement systems are respectively suitable for different laws and regulations. It reflects an unscientific division and unreasonable establishment in the settlement system of the legal person of the enterprise. Second, lack of relative standards on the mention of settlement procedures. The present settlement system of the legal person of the enterprise focuses on the process of the enterprise focuses on the process of the settlement, but neglects the person who puts forward the procedure. Third, lack of provisions on the limit of settlement. The present settlement has not made the provisions for settlement limit except the settlement of the foreign investment. Even if there's settlement limit in the settlement system of the joint ventures with Chinese and foreign investment, there is no provisions in which who should take the responsibility forunaccomplishing the settlement in time limit. Fourth, lack of provisions of obligation. On the settlement system, there are lots of provisions such as "should", "must" etc, in laws, but there are no provisions in which the litigant should take the law responsibility for violating the provisions.In order to perfect the settlement system of non-bankruptcy of the legal person of the enterprise, we must integrate the reality of our country; draw on every reasonable factor of other countries and areas concerned. The problems we should settle are as follows: 1, Clarify the legal status of the legal person of the enterprise after being disbanded. 2, Fix the compulsory person of settlement after being disbanded of the legal person of the enterprise. 3 , Fix the obligation of the laws of the compulsory person of settlement who should take the responsibility for not putting forward the settlement procedure in time. 4 , Divide kinds of settlements scientifically. 5, Fix limit and obligations of settlement. 6, Clarify kinds of settlement organizations, property, rights and obligations. 7, Strengthen the supervision of the court against settlement of non-bankruptcy of the legal person of the enterprise.To improve the settlement system of non-bankruptcy of the legal person of the enterprise, we should start with "establishment", "revision" and "abolishment" in laws-made concerned, we should add the article of "the settlement procedure of the legal person of the enterprise" after being disbanded in "Civil Procedure Law" and make a clarification on the concrete procedure of disbandment settlement of the legal person of the enterprise. In "Civil Law" to be made, we should make a clarification on the reason of disbandment of the legal pe...