China’s Legal System Of Dissolution Liquidation Of Company

With economic and social development, the company has becomethe most important type and body of market economy in China, whichplayed an important role in promoting capital accumulation and economicgrowth. Nevertheless, the company still can not get away the cruel marketcompetition. In the fierce market competition, a number of companieslike human cells making the new supersede the old continuously, anumber of old companies are replaced by the new generation ofcorporations, round by round. Therefore, the responsibility of companylaw is to ensure the balance of "human’s new supersede the old". That notonly needs to encourage more investment, but also ensure that thecompanies can withdraw from the market rationally. However, in real life,there are too situations that company can not drop out from marketrationally to clear away in law verily. Because current companyliquidation system is too simple and rough. if the company liquidationsystem can not provide security in the last stage of legal personality, cannot balance the benefit of all powerful stakeholders, can not avoid legaldisputes and ensure the stability of the social economic order. It will notbecome the important way that standardize corporations to set out of themarket round by round. This paper’s incisive point is the judicial practiceof company liquidation. The breakthrough point is to review the matureexperiences of foreign company dissolution and liquidation. The study aim is to improve the system of company’s dissolution and liquidation ofChina. This paper analyzes the blanks and defects of company’sdissolution and liquidation by combining the issues of judicial practice ofthe China’s company liquidation.In addition to the introduction and conclusion, this paper has fourparts:chapter one——the general problem of company’s dissolution andliquidation. In this chapter, through analyzing and researching theconcept of company’s liquidation and dissolution company terminationand bankruptcy liquidation to nail down the principle of fairness andefficiency. and through analyzing the order value of system ofcompany’s dissolution and liquidation. coordination the fair value,transaction security the importance, the state intervention, and clarifythe dissolution of the company liquidation system, overall, this chapteris about the legal institution of dissolution liquidation basic theory partof the thesis.chapter two——The dissolution of the company liquidation systemand Its Enlightenment to China：On the base of analysis and comparisonof the mature legislative provisions on the dissolution of the companyliquidation of the Anglo-American law system, continental law systemcountries and experience, according to the actual situation of our countrylearn from foreign legislative idea, mature legal system to regulate and rich practical experience.chapter three——Analysis of the main problems and causes ofcurrent, dissolution of the company liquidation system in China：Theanalysis of the transverse and longitudinal specific provisions for thedissolution of the company liquidation system in China this chapter fromthe angle of legislation and judicial perspective. Analysis shows that thedeficiencies and defects, dissolution liquidation in our country in thelegislation such as: Provisions on legislative idea, the law does not payattention to the overall lack of practical operation, the liquidator shall notfully, aging system is not perfect, to protect the interests of mechanism isnot complete, lack of legal supervision, legal liability provisions, at thesame time, analysis of the judicial practice in the liquidation of dissolvedcompany, the problems and the reasons of these problems lead to thelegislation of these gaps and deficiencies, and lay the foundation for theimprovement of the next chapter.chapter four——Perfecting the dissolution of the companyliquidation system：In this chapter, in order to improve the dissolution ofthe company liquidation legislation idea, subject, procedure, supervision,responsibility five aspects as idea, carries on the analysis to theliquidation for dissolution of the company, and from the practicaloperation level of the dissolution of the company liquidation procedureput forward a sound proposal.