Comment On The Case Of Zhongyin Supplies Company And The Other Shareholders Damage The Interests Of Creditors

The mechanism of company’s setting up and exitance is equally important. In themechanism of company’s exitance, liquidation system is very important. In case ofcompany liquidation, in the face of creditor’s rights debt relations between thecompany and the creditor, the rule of law is too general, lack of practical laws andregulations in practice. In the long run, it is not good for civil protection of propertyrights and more conducive to the sustainable development of economy.In the case of shareholders such as Zhongyin Supplies Company damage theinterests of the creditors, Zhongyin Supplies Company and Southern Light Companyare the shareholders of blue-electronics company, Liu Jinlong is the company’screditors.After blue-electronics company for failing to handle the annual businesslicense revoked in accordance with law, Zhongyin Supplies Company and SouthernLight Company have not yet liquidated the blue-electronics company.Because ofZhongyin Supplies Company and Southern Light Company are lazy to fulfill theobligations of liquidation, major property of blue-electronics company, books, andother important documents are destroyed. Blue-electronics company can not beliquidated.Liu Jinlong, respectively,claimed the company supplies several times toblue-electronics company through litigation request on the principal and interestportion. Determined whether shareholders in liquidation is lazy to fulfill obligations,whether the company appears the coditiong of being disregard circumstances, whetherthe performance goes against "non bis in idem" principle and the need for additionalblue-electronics companies as joint and several debtors, such as four cases of disputedpoints, Zhongyin Supplies Company with other shareholders and Liu Jinlong heldopposite views. After the first trial, the second trial and the final retrial, the courtsupported Liu Jinlong’s interest on debt claims.Combining the starting conditions and obligations of shareholders in liquidationproceedings with theoretical liquidation analysis, Zhongyin Supplies Company andother shareholders did not fulfill the obligations of liquidation.With the theoreticalanalysis of how to judge a company facing with disregard of corporate personality,blue-electronics company has not appeared to deny the case of corporate personalityin the case. Combining joint and several debtors identified and additional theoretical analysis, Liu Jinlong should identify other shareholders as joint and several debtor isnot a mandatory requirement of law. Combined with "non bis in idem" and identifiedthe need for theoretical analysis, identification of cases lawsuit Liu Jinlong notviolate "double jeopardy".