The Research On Company Liquidation Legal System For Chinese

In China, the company as a national economy important subject, plays a moreand more important role. The company is the Stockholders, creditors and theemployees and the social public and many gateway between the stakeholders. Inmarket economy, the company participates in the market competition, not only tostrictly abide by the rules of market access, more should abide by the rules of thegame from the market. In the most important of the liquidation system is certainly inthe dissolution of the process, from the beginning has been to apply for dissolutionof corporate personality between eventually eliminate the program, the importanceof these programs is self-evident. Not only with shareholders, bonds, workerbetween benefit are closely related, and related to the market economy operationorder and social trade safety, and can substantially affect social credit system. Inshort, if the company to smoothly in the markets, will experience the same as theaudit, also is the liquidation procedures, the liquidation procedures decided to exitthe success or failure of the company, this to maintain our market economic order,and to protect social justice has a very important significance.The company law in China judicial interpretation (2), most of the terms are forthe liquidation of the company law regulation, should say our country in liquidationcompany system made a solid step forward. But, in making and implementing theliquidation process was not sufficient, cause now many of the companies in thebefore the end although liquidation, but all is not standard, and even some companyin after the liquidation or dissolution don’t refuse to liquidation. So far, our countryin the company of the liquidation of legislation and some developed countries andregions than legislation, still appear relatively coarse, because many provisions aresome principle regulation, lack of clarity and operability. This is on China’s emphasison\"law\" one of the challenges, in this sense, our country related companyliquidation of the legislation has yet to be perfected. From the above content can see, this paper, from the pursuit of fairness andjustice, and social stability in the direction of the consideration, and practice, relatingto the status of the liquidation of the company and makes a detailed analysis, withChina and developed countries of the world legislation and the institutionalframework for basic theory, but also from the final purpose of our country’slegislation as the starting point of our country, the system of liquidation, law ofpeople may stipulate the liquidation, the liquidation of the company in theresponsibility efforts, and other methods as the absence of several of the thinking,and that certain conclusion.