On Civil Liability For The Dissolution Of The Enterprise Legal Person

The enterprise, the most important mainstay of business, should receive the strict regulations under the law whenever it enters or quits the market. However, the present legislation for the enterprise pays more attention to "birth "of a legal person, that is the establishment of it; as regards "death", the dissolution of a legal person, it concerns less. Particularly, few and general stipulations of legal responsibilities which after the legal person's dissolving; besides, the investor are always depressed, completely different from the beginning; and the liquidation usually not be able to bring the vigorous economical interests; the competent authorities don't want to be a target harassed by creditors and workers; for this reason, the competent authorities aren't willing to undertake the obligation to organize the liquidate group and supervise the process. As a result of above, the instance that an obligor demands to liquidate actively after dissolving is rare, it leads directly a common phenomenon: the legal person either transfers and hides the properties of the enterprise instead of liquidating or not ending the whole process to oppose the creditors. Due to the deficiencies in present enterprise legislation, a series law problems caused by the dissolution of a legal person are the difficulty of civil and commerce trials. In the practice of judiciary, there are discordant opinions and actions. Different courts even different judges might have distinct judgments. The appearance damages enormously the unity and authority of law as well as the legal right of the creditors. Therefore, the article investigates the civil responsibility of dissolving enterprise, explores the establishment of responsibility system and the patterns of quitting the market legally.This essay includes four parts:The first part, the author analyzes the correlate questions of legal person dissolution. Above all, it begins to analyze the concept of dissolving also introduce the definition and disagreement theoretically; after that, it analyzes the consequence by...