Research On The Liquidation System Of Dormant Company In China

Liquidation system is an important part of the legal system of the company. From its procedural norms to its substantive norms, and from the principle regulation to the concrete system, the liquidation system has a very important legal value. In the developed countries, they have made clear and detailed provisions on the company’s liquidation system. The company law in China also made corresponding provisions for liquidation system, but it is not enough comprehensive and meticulous, resulting that many companies conduct liquidation is not standard, more serious is that a large number of the company did not carry out the liquidation, producing numerous "dormant company". The objective status quo is that a large number of dormant companies abound, but there is no effective way to allow these companies to cancel after the liquidation and exit the market, so that the company’s legal status can be terminatedIn this article, through combing theory works of scholars both at home and abroad, combining the actual situation of our company liquidation system, to define \"dormant company\", and explained the meaning of \"dormant company liquidation and classification Situation, and on this basis to explore the value of the \"dormant company liquidation. For a long time, legislators and the research of the \"dormant company liquidation system, lead to\" dormant company liquidation system in our country present situation is a cause for concern, the regulation is not only simple and abstract, and the chaos in practice. In this article, through draw lessons from a representative sample of Anglo-American law system and continental law system, the practice of some countries and regions to explore to discover a place which is worth learning in our country, draw lessons from, inspired by the improvement of the system of \"dormant company liquidation. Stood on the shoulders of \"good system\", the author of the author puts forward the Suggestions of perfecting our country’s \"dormant company liquidation system, including establishing force cancellation system, not only improve the registration system of liquidation, etc for the improvement of the legislation defects, also including clear to the liquidation period to chaos in practice. On this basis, the author expect to further promote the development of company liquidation system in China.