Research On The Subject Of Liquidation System

Over the years, the judiciary and theoretical understanding of company liquidationsubject, unclear, and there are many is principled provisions, not easy to operation, cause a lotof enterprises as legal persons in judicial practice after the dissolution, company liquidationcannot be on time, even widespread deliberately borrow to evade the debt companydissolution time, wealth scattered people, or to register company, even if the court ruled thatthe shareholders of a company obligation of company liquidation, after the verdict, or nottimely and effective implementation, which seriously infringe on the interests of creditors.These phenomena not only disturbs the social market economic order, and greatly influencedthe judicial image and authority. Therefore, to establish an orderly system, healthy companyliquidation subject, is a unified law enforcement standard, protect the interests of creditors areurgently needed.Paper consists of five chapters.The first part is introduction, mainly for the purpose of this study significance, researchstatus at home and abroad and the innovation points of this paper.The basic concept of the second part of the subject of company liquidation system areexpounded. First of all, this paper introduces the concept of company liquidation, dissolutionof company liquidation refers to the company, based on the procedures prescribed by the lawmade clear the legal relations of the company, by the company liquidator disposal of property,take back the company creditor’s rights, pay off debts of the company, distribution companyremaining property, put an end to all legal relationship, eliminate the legal personality of theprogram and the system. Second, the concept and classification of company liquidationsubject in this paper."Liquidation subject" is a controversial legal terminology, clearing theconcept of subject’s development in the people’s court in practice in our country, to legalterminology, liquidation subject including company liquidation obligor and companyliquidation. Clearing the subject is a very important concept in the company liquidationsystem, determine the concept of company liquidation subject, for the company liquidationsmoothly has very important significance.The third part to the company with a liquidator to conduct liquidation obligor in this paper. First of all, the subject of liquidation obligor range of legislative provisions andtheoretical controversy and expatiates on the legal status of the liquidation obligor; Secondway on the name of the receiver, and expounds the legal status, Finally, liquidation obligorand liquidation, this paper analyzes the similarities and differences between people.The fourth part is mainly about the main body of company liquidation status quo andexisting problems are expounded. First, this paper discusses the current situation and existingproblems of company liquidation obligor: who can serve as the company liquidation obligorand company liquidation obligor civil liability provisions exist imperfect legislation andtheoretical argument. Secondly, analyzes the status quo and existing problems of companyliquidator, a liquidator name not sure, qualifications are not clear and the selection is not clear,legislation on the company’s liquidator in violation of the provisions of the civil liability ofliquidation is not sound.The fifth part puts forward the Suggestions of perfecting our country’s subject ofcompany liquidation system. Based on the experience of the western developed countries inlegislation and judicial practice, puts forward relevant improvement measures. First, clearlydefine who can serve as company liquidation obligor, the company unified legislation ofcompany liquidation obligor shall be defined as company directors, controlling shareholdersand actual controllers, and should not be based on limited liability companies and joint stocklimited liability company of different and different. Clear company liquidation obligor fails toperform the duty of liquidation laws and regulations. Secondly, in view of the current status ofcompany liquidation obligor, puts forward the unified company liquidator, the name of thelegal status, clear the company liquidator related to clearing choice and termination provisionsand legislative law of company liquidation people blame on perfecting suggestion.