Enterprise Legal Dissolution Of The System

The main body of the market is the foundation of market-oriented economy. We should establish not only right commodity trade laws but also the healthy access-and-withdrawal systems of main body in order to achieve a good market-oriented economic system and keep it running smoothly. The enterprise legal persons act as the most important civil bodies in market economy and it's a key question if they can enter or withdraw from the market orderly. The present laws and theory studies have paid attention to the corporation access to market, but the legislation in respect of withdrawing from the market is very ambiguous, which makes it difficult to pursue to the law in juridical practice, violate the legal rights of the creditors and harm the dignity of the laws.Grounding on present regulations and law theories and learning from what the predecessors have studied, the author discusses about the enterprise dissolution in this article hoping that it's conducive to consummating our country's corporate dissolution system.The author analyzes the definition of corporation dissolution, its classification and reason and the nature of corporation/liquidation organizations during liquidation period, makes it clear how to determine the qualification of main body lawsuit. The author addresses himself to the liquidation initiation and force and his own proposals how to establish a perfect civil liability system of corporation dissolution too. Speaking from the basis theories of corporation system, the author points out our government implements the principles of "registration of important documentation" and "dissolution before liquidation", the corporation dissolution leads to the extermination of the corporation, therefore there is no doubt that the corporation before and after the dissolution belongs to the same person and the liquidation organization stands for the legal person of corporation. As a result it's easy to determine the qualification of main body lawsuit. The author also describes the liquidation procedures of initiation, startup, process and termination and itsauthentication. In the finality the author expatiates on civil liability after corporation dissolution and suggests to build up a pluralistic commitment system of civil liability in order to protect the interests of creditors and social public welfare and realize the safe and peaceful withdrawal of corporation legal person.