On The Legal Liability Of Company Liquidation Obligor

The Company Law set rules about legal liability on liquidation members (members of theliquidating committee) in the process of liquidation when they breach their duty of liquidate, butthere was no rules about liquidation obligor when they fails to perform the obligation of legalresponsibility. But because of the imperfect legal regime,which leading to some companies’evasion behavior of debt by liquidating,on the other hand, damaging the interests of creditors. Thisarticle mainly on analysis about the question that who should be the liquidation obligor forliquidating, and what obligation they should bear,which type of legal liability should be bear whenthey violate the relevant provisions of the law. This article also suggest to consummate the systemof liquidation, in order to standardize related legal system of our country’s current liquidationobligor.The first part of the article is mainly about the main body of company liquidation obligordefined, macroscopic aspects from liquidation obligor and the related concepts to distinguish,mainly including liquidation obligor concept, liquidation obligor and liquidation, the liquidationobligor and the legal receiver; Company liquidation obligor, mainly includes the legislation presentsituation and the theoretical disputes, to establish a liquidation obligor law program design, theliquidation obligor scoping.The second part of the specific content of liquidation obligor is obligation connotationanalysis. This part mainly includes the legal obligations of liquidation obligor, from both the sameand easy confusing areas, clear relationship between the liquidation obligor and the obligation ofthe liquidation team these two angles is discussed; Part of this is about the liquidation obligor andliquidation group obligations.The third part responsible for the liquidation obligor fails to perform the duty type, and thesecond part is a progressive relationship, to form the legal system of company liquidation obligor.Is first illuminates the liquidation obligor of responsibility theory basis, mainly from the legal,economic, and discusses the empirical aspects. Again is discusses the types of liquidation obligorshall bear civil liability, including the liquidation responsibility and violation of responsibility toward, straight line responsibility, commitment to responsibility and civil liability.The fourth part is about the liquidation obligor insufficient legal liability system and perfect.Problems mainly from a set of case analyze derivation of liquidation obligor legal liability systemdefects. Perfect for liquidation obligor legal liability system, including uniform dissolution ofliquidation legislation, to establish dissolution registration publicity system and strengthen theliquidation obligor civil main body responsibility shall be investigated.