A Study On Corporation Liquidation Obligor

Liquidation of the company’s system is designed to provide a fair, equitable and efficientasset Consolidation and Debt Settlement program. Through the clearing system would be fairand reasonable to end their legal relationship. In our legislation in recent years more emphasison the liquidation of the company system, and has made tremendous progress, thus making animportant contribution to China’s economic and social development. However, as thecompany’s liquidation system, the obligor of the liquidation of the company system in ourcountry did not establish a complete system, have to say is regrettable. Laws alone is notsufficient on its own "how to be perfect, even if the liquidation of the company systemrequires, if the lack of the system of the obligor of the liquidation of a company often canonly be a form of shell and can not really play a functional value of the liquidation of thecompany system. China has not yet established a complete system of company liquidation ofthe obligor, which is not conducive to protecting the legitimate rights and interests of relevantinterest in the main, is not conducive to the sustainable development of society as a wholebenefits. In China, every year a large number of non-bankrupt companies without liquidation,cancellation and thus brought great negative impact to economic and social. China perfect thelegal system of the enterprise bankruptcy should be aware of the deficiencies of theliquidation of the company system in non-bankruptcy liquidation. Therefore this article in anoverview of the basis of the liquidation of the company obligations human system the basictheory and value of, and take a comparative study of jurisprudence methods to study the othercountries on company liquidation obligations of human system-related provisions of China’smodern company liquidation obligor system legislative status quo carried out in-depthanalysis, and for some of the key issues to be explored. On the basis of foreign experience andpractice, I had some on the relevant aspects to improve the system of our company liquidationobligor humble opinion, make a point of its own modest contribution to our clearing systemperfect.In addition to the introduction and conclusion, the body is divided into four chapters.Thefirst chapter is to discuss the company liquidation of the obligor’s basic theory. Yet this system,due to China’s legislative and academic concept and connotation is no consensus in the firstchapter of first and foremost is to introduce today academic liquidation of the obligations ofthe concept of the company representative view, and in the after the liquidation of the obligor system in-depth analysis, defined the concept of the company’s liquidation of the obligor of itsconnotation and extension based on the definition of. Second, in the clarity of the concept ofthe company’s liquidation obligor, the authors analyze and compare at home and abroad aboutthe system requirements and doctrine focus on their legal status, and thereafter discusses thevalue of the system. At the end of this chapter, the author focuses on the difference betweenthe two and contact the company liquidation of obligations with the company liquidator, inorder to achieve the basic theoretically rigorous.The second chapter discusses the rights and obligations of the company’s liquidation ofthe obligor. The chapter contains two parts of the content, focus on details the rights andobligations of the liquidation of the obligor. The liquidation of the obligor’s rights the right tochoose the company liquidator, supervision and dismissal of the right; confirmation of aliquidation plan and report. Obligations of the company’s liquidation of the obligor is thefocus of this chapter, due to the particularity of its obligations and the importance of the legalbasis of their obligation to be explored in detail the obligations of the company’s liquidationof the obligor to be discussed, and thus its provide the basis of the realization of responsibility.The third chapter discusses the liquidation of the company the liability of the obligor.Legal analysis of the relevant rights and obligations of the final focus on the civil liability ofthe company’s liquidation of the obligor. The nature of the civil liability of companyliquidation obligations defined for tort liability, of its civil liability classified nature of theresponsibility, Imputation rules and the scope of compensation detailed.Chapter IV is about our country today the company is liquidated obligations relateddefects and improvement of the legal system. In the last part of the body of this article, theauthor adopted in the analysis of our present legislation and practice of the company’sliquidation status quo be raised in China should establish a comprehensive system ofcompany liquidation of the obligor, and learn from their analysis and comparison of foreignpractices good experience in our company liquidation obligations system set up to putforward their own shallow recommendations in order to solve the problem in the theory andpractice.