On Legal Protection Of Creditors' Interests In Limited Liability Partnership

Limited Liability Partnership in Britain and the U.S. has entered a more mature stage, with the development of market economy system in the limited partnership enterprise law of new partners has been reflected in the new Partnership Enterprise Law has been in the June 1,2007 enactment of the new partnership law partner of the old law made a lot of changes, can be said that its essence to its dregs, added many new system, the biggest bright spot than the increase special general partnership system to allow corporate and became a partner and other requirements. But the new partnership law for which "special general partnership" under very extensive, the new partnership law increased to some extent, this system is a major improvement, but also to a certain extent is the foreign system, but we have to consider simple and crude conditions of the system can adapt to new forms of need.Enjoy the new partnership law, limited liability protection, but this time the interests of creditors will be difficult to be protected by law, the creditor a certain extent, be difficult to realize their claims, limited liability partnership, to some extent, the system itself or to meet certain conditions case is exempt limited partner with limited liability, so that the interests of creditors will be difficult to achieve because the company itself is not perfect partnership of relevant systems, capital maintenance system, it is difficult to balance the relationship between, and deal with related issues.From the above analysis and summary, our analysis and research partner of the current system of limited partnership law of the defects and problems, to further discuss how to balance a limited liability partnership and limited liability as partner in the interests of creditors, combined with our limited partnership system characteristics and the actual situation of China, China's national conditions and problems of the system of limited liability partnerships to make some practical recommendations, and the legal system to match the perfection of all the current problems should be resolved, so from the interests of creditors as a starting point and source of protection, and improve the relevant legal system, to the specific application to practice, make our partnership better able to move forward.