Liquidation Of Enterprises In China Legal System

The enterprise should be start well and end well when its existence, the relevant regulates should be set down for constrict when the enterprise is disband, therefore, the enterprise liquidation system come into being along with the hereinbefore reasons. As the integrant process for the disbandment of enterprise , the enterprise liquidation system protect the profitseffectively for the investors , creditors , employees and even the publics, throrgh the series of process design that is strict and equitable. Oversee the legislation situation of developed countries , the systemic and scientific regulations have prescribed for the enterprise liquidation system , either the continental legal system or the British-America legal system. But , in China , to tell the truth , although we have established the enterprise liquidation system fundamentally, the relevant system is still in the beginning phrase , compare with the developed countries and many regulations seem to very unshaped, juvenility, unreasonable and even wrong , the necessary system have not found right now . This article was directed by the conception of profit balance, adopt the research measures of theory with practice, comparative, elucidative , discuss the main problems on the theory of enterprise liquidation system particularly , research the main countries enterprise liquidation system, comment on the situation and existent problems in our country, which based on sum up the existed results, and put forward some suggestions according to the actual situation , all it for contribute to the perfect of the enterprise liquidation legal system in Chine.This article divide into fouT parts expect foT the foreword and tag.First part, the basic theory of enterprise liquidation system . The conception of liquidation and enterprise liquidation were confirmed firstly, then the legal characters and legal senses were systemic analysed, at last, the kind of enterprise liquidation system and the main function of liquidator in the enterprise liquidation process were discussed.Second part, comparative research on the main countries'enterprise liquidation system. This part analyse the organizer of enterprise liquidation, that is liquidator , by adopt the comparative research method. First the issue of confirm liquidator, produce the way of produce the liquidator were mainly analysed. Then the qualification of hold post for liquidator was discussed from the active and passive, whether the legal person and creditor can be as liquidator and the number of liquidator were analysed. At last, the obligation and responsibility should be taken by the liquidator were discussed.The third part , the situation and the exist problems in enterprise liquidation legal system in China. First the legislation situation in enterprise liquidation legal system was researched. Then the main problems in enterprise liquidation legal system were analysed in etail,which through the legislation, judicatory, main body, theory and so on. At last , the main problems in judicatory practice about enterprise liquidation were commented and analysed.The fourth part, assumption on perfect the enterprise liquidation system. The material suggestions were put forward on how to perfect the enterprise liquidation system , based on the hereinbefore article. Which divided into three parts is regulate the uniform enterprise liquidation law, establish the professional liquidator system, establish the compulsive liquidator system, the reasons and material assumption were discussed in detail.