Research On The Company Liquidation System Of China

In recent years, China’s economic development has made remarkable achievements, and gradually establishes the socialist market economic system in China. The company, as an important subject in the market economy, is playing a more and more important role, so is the company legal system. At the same time, the company revealed the various contradictions and conflicts of interest in the course of prosecution of more and more court cases. The difficulty of the trial of cases is increasing year by year. Especially in recent years, the liquidation of the company is particularly tricky issue of company liquidation. The majority of the problems are debt settlement, responsibility and commitment.This article is divided into four sections to study on the issue.The first part is the analysis of the basic theory of this issue, mainly introduces the concept, legal characteristics and classification of company liquidation, and does a more detailed analysis of the company dissolution. According to the analysis, the first part made a conclusion that company liquidation is a company system in order to settle the company’s legal relationship, clean up the unfinished business of the company, property and debts relations.The second part of the article introduces the theoretical basis of the company liquidation system, clear the significance of the issue. The study of the data and cases raise the problems such as the lack of measures to prevent failure of the starting mechanism of company liquidation.The third part describes the present situation and problems of company liquidation system. From the view of legislation and practice, it analyses the problems such as the lack of preventive system and the responsibility system and compulsory liquidation system is imperfect.The fourth part analyses the perfection of the company liquidation system and makes recommendations. First of all, it introduces the registration system for the company dissolution and liquidator. To avoid the companies that are revoked the business license without liquidation, it is better to establish the dormant company and preparation dissolution system. At the same time, the dormant company and preparation dissolution system should be adapted to the economic and legal environment of China. Secondly, it discusses the legal liabilities lor the failure of the company liquidation on the basis of the liquidation obligor theory and the denial of corporate personality theory. It makes a conclusion that legal liabilities for the failure of the company liquidation should be based on both the liquidation obligor theory and the denial of corporate personality theory. And then the article carried out a detailed analysis of the subject of legal responsibility and the components of legal responsibility. Thirdly, it analyses the perfection of the compulsory company liquidation, mainly introduces the foreign legislation related to the compulsory liquidation, compulsory liquidation system of China and recommendations...