The Company Liquidator System

With the development of company system, it has become the base of people's lives and work. The rise and fall of a company always maintain many people's benefits, while the collapse of a company can bring a series of social problems. In the company liquidation system, the regime of liquidators is at its core position. The liquidator is the people who not only do the work of liquidation, liquidate the company's claims and liabilities, but also balance the relationship of shareholders, creditors and other correlative people and let the bankruptcy go smoothly.Regrettably, whether in our country's legislation on the company or in theoretical research, the company liquidator systems is relatively weak. It far fall behind the foreign countries on the legislation and some basic concepts in it are often confused, such as the concept and legal status of company liquidator, the relationship between of liquidator and liquidation group etc. This not only leads to the increase of market risk, and is not conducive to the protection of related rights and interests of people, but also reduces the authority of law and cannot solve the problems in the judicial practices.In order to let the liquidation activities go safely, orderly, fairly and effectively, to protect the rights of shareholders, creditors and other correlative people, to let the company to quit the market successfully, to maintain the market order, this thesis making the liquidator system as its research subject, using comparative study approach, drawing relevant legislative provisions from abroad, to seek the commonness and reasonable provisions behind the legislative system, to explore the perspectives that can perfect our country's liquidator's legal system from point of legislation, judicature and nomology, to give some legislative proposals on the liquidator legislative system to improve our country's company legislation.This thesis has five chapters, the Chapter one discusses the common theory issues about the company liquidator, that is the concept and legal statue of the liquidator; the Chapter two studies the qualification and selection of the company liquidator, mainly including the liquidator's job qualification requirements, how to engender a liquidator and the circumstances under which the liquidator need to be removed; Chapter three analyzes the rights and obligations of the company liquidator, what kind of rights and obligations do the liquidators have on the liquidation proceedings; Chapter four is about the duties of the company's liquidator, focusing on how to implement all of its work in a liquidation service; Chapter five focuses on liquidator's legal obligation, mainly discussing the civil liability of company liquidator.