Analyses On The Liabilities For Damage Of The Members Of The Liquidation Group In The Non-bankruptcy Liquidation

The members of the liquidation group play important roles in the company liquidation procedure. They should bear the corresponding liability, when their faults cause the losses of company or creditors."Company Law of the People’s Republic of China " and " Provisions of the Supreme People’s Court on certain issues concerning the application of<Company Law of the people’s Republic of China>(two)" also provide some solutions to the problem, but these Provisions are too principle. The principle of the law affects its application in judicial practice to a great extent. Based on this, this paper analyzes the deficiencies of the existing system, the legal system of the western countries, and puts forward some suggestions. By doing this, the author hopes to improve liability system of the members of the liquidation group in the non-bankruptcy liquidation.Firstly, based on the statistical number of dissolved enterprises, the paper expounds the social significance of the company exit mechanism, and through compared with the bankruptcy liquidation, introduces the topic. By distinguished with other concepts, this paper makes the main responsibility clear. Then summarizes the relevant legal provisions of the members of the liquidation group for damages, and by finding the limitations and legislation problems in judicial practice, analyzes the deficiency of the members of the liquidation group liability. After that, discusses the theory foundation of the interested party requesting the members of the liquidation group to assume the liability of compensation, the principle of attribution and and the elements. In addition, puts forward to improve the Liquidation Liability System of group members, proposals, and added some preventive and surveillance methods. Finally, mainly expounds the limitations of this study, and points out the future vision.