Dissolution Of The Company And Non-bankruptcy Liquidation Of The Legal System Research

Dissolving and non-bankruptcy liquidation are basic systems in the legal system of a company. The liquidation process will be inaugurated when the company goes disbanding. As a necessary means for the company to withdraw from the market, it plays an important role in protecting the interests of shareholders, creditors, and other parties involved. However, many companies in our country do not liquidate after they dissolve, which violates the law. It is a common practice for these companies to evade from their debts. This practice has harmed the interests of the creditors, disturbed the economic order of the market and undermined the authority of the law. Therefore, starting from the theories on company dissolving and non-bankruptcy liquidation, I make this research on creditors' rights and the obligation of debtors resulting from failure of the realization of legal-processed liquidation of dissolved companies. The research could be a reference for the protection of creditors. The thesis is composed of three parts besides introduction and conclusion with approximately 50,000 words.The first part is on the dissolving of companies. It clarifies the meaning of the concept, introduces and compares regulations on company dissolving home and abroad. On weaknesses of the administrative rule on company dissolving adopted in our country now, I propose that a substitute system, applied by administrative organs and ordered by the court, should be set up. The focus is on the legal consequences of company dissolving. I suggest that a dissolving registration system be set up to strengthen supervision on bankruptcy liquidation. This part ends with a discussion on retraction system.The second part is on non-bankruptcy liquidation of companies. After clarifying the connotation of non-bankruptcy liquidation of companies, I discuss the connotation, selection, rights and obligations of liquidation obligator and liquidator. I think these two roles are indispensable actors in a normal liquidation process. The former is the...