Study On The Civil Liability Of Shareholders By Indolent Liquidation

In reality, the process of economic life, the company’s termination is a commonphenomenon, although the company to terminate the reasons are many, but before theend of this process, all companies must be liquidated. The company’s shareholderswill terminate the company’s creditors, the debtor and the company’s staff have asignificant impact on a variety of interests, the company terminated the liquidation ofvarious stakeholders prior to the company’s rights and obligations between relatedentities should be eliminated in order to maintain a stable social order. Currently, theChinese legal system is not perfect company, especially when the company is theindustry management and e-commerce principles of individuality and independentshareholders revoke the business license or automatic shut-sector organizations in theabsence of liquidation, dissolution shareholder apathy, there are many abuse oflimited liability shareholders to evade debts, seek illegal interests, harm publicinterests or the interests of creditors of the phenomenon, and even took theopportunity to dividing and transfer of company property are common occurrences,and even some shareholders do not participate in the inspection law intentional acts orcontinuous approach forces of Business Administration administrative departmentshall revoke its business license shut down, and thus "legitimate" escapedebts.Reasons for dissolution of the company after the occurrence of the liquidationof the shareholders has a statutory obligation which must assume responsibility forcompulsory liquidation, damages,liability and obligation to repay. Liquidation of the company in the design relating to the identification of shareholders indolentliquidation, to adhere to the principle of fairness, fault liability principle, theprinciple of ease of operation, especially considering its judgment enforceable. Forlazy liquidation, creditors have suffered damage because the interests of shareholders,the shareholders liquidation indolent behavior, in essence, is a violation of the burdenof proof on the elements of proof can be taken in the allocation split mode, using acombination of rules of thumb and interests of creditors and shareholders ofmeasurement methods the burden of proof between the burden and responsibility forappropriate allocation processes, to achieve the twin objectives of efficiency andequity.This paper is divided into four parts, the first chapter of the legitimateshareholders lazy liquidation analysis of the phenomenon, elaborated liquidationshareholders, the basic content, from a legal point of view, the reasons for theliquidation lazy, lazy summarize the main shareholder liquidation performance.The second chapter studies the liquidation shareholders indolent nature of civilliability, in this chapter, first from the perspective of justice civil settlement for thepurpose of determining shareholders indolent nature of practical significance analysis,followed by combing the purpose of indolent civil liability shareholder liquidationnature theory of cognitive dissonance, finally, the nature of the shareholders lazyclearing civil carefully.Chapter III of the Civil Liability for determining shareholders lazy clearing andprocessing principles. First, a brief introduction delay the liquidation of the Company to determine the principles followed by the perspective of shareholders indolent easyliquidation specific criteria analysis, re-analysis of complaints indolent civilsettlement distribution to shareholders the burden of proof.Finally shareholders bearcivil liability liquidation lazy wayChapter IV presents shareholders lazy liquidation of civil liability legislationsuggestions for improvement. This chapter based on the foregoing analysis, the legalprovisions on civil liability company’s shareholders suggestions.