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The Research On The Legal System Of Non-bankruptcy Liquidation Of Corporation In China

Posted on:2017-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:L S ZhangFull Text:PDF
GTID:2296330485489597Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Company is in accordance with the law on the legal nature, artificial legal "person", the law gives him as a natural person’s independent personality, independent enjoy rights and assume obligations in accordance with the law, and today the company has already become the most dazzling one of the main body of market economy. As individuals in accordance with the laws of nature as well as physical, with birth and death, anthropomorphic company to follow the regulation of law, legal management, set up according to the final termination of cancellation. The final stage at the end of the "life" in the company, an important legal system, company liquidation played a major role, it helps company understand current business matters, company’s existing property, take back the company in accordance with the law, the creditor’s rights, due to the debt owed by a at home and abroad to repay the company, finally put the company’s remaining assets fair reasonably allocated to the company’s shareholders, shareholders, creditors and balance of interests between the other players, eventually making the company legal person personality, exit the market smoothly. In practice, many of the shareholder of the company are often reluctant to perform relatively complex of liquidation, the company not to carry out the company liquidation after closed, also does not handle the cancellation procedures, the company is in a state of "hibernation" for a long time, so the up the creditor’s rights and debts of the company, the interests of shareholders, creditors and other stakeholders without maintenance, seriously affecting the normal development of market economy. For a long time, for this type of "dormancy enterprise", whether theory or practice, don’t give too much attention, but the research focused on the bankruptcy liquidation of enterprise. But, along with the rapid development of market economy, for such "dormant enterprises" market exit and liquidation problem more and more attention, for the bankruptcy liquidation legal system research also gradually become the hotspot and focus of theoretical problems.This paper is divided into five parts:The first part mainly describes the company the bankruptcy liquidation legal system research purpose, significance, at the same time, the company at home and abroad on the current situation of the legal system of bankruptcy liquidation is briefly summarized.The second part mainly is the basic concept and theory of bankruptcy and liquidation system, contains the bankruptcy liquidation of the company definition, characteristics and system value, and the type, cause of the liquidation of bankruptcy and liquidation, dissolution, etc.The third part is the bankruptcy liquidation system of our country company legislation present situation and existing problems of research and analysis. Mainly includes the company law promulgated in 2005 before and after the liquidation legislation in our country, especially in view of the company law promulgated in 2005, with the company law(2005) as the core, the company law judicial interpretation(2), the supreme people’s court on the trial of company law compulsory liquidation case work forum notes to complement,points out that the current company legislation and the relevant supporting measures legislation system structure imbalance, legislation principle, practicality is poorer, lack of important content in the system, such problems as not enough protection of interested party.The fourth part is the legal system of foreign companies the bankruptcy liquidation of the legislative practice and enlightenment to our country, by comparing the Anglo-American law system and continental law system development and the status quo of the bankruptcy liquidation system in the developed countries, points out its legislation and practice of our country legislation system in the bankruptcy liquidation, the liquidation initiator, shareholders liquidation obligation standard reference.The fifth part put forward the perfect our country company the legal system of bankruptcy liquidation, respectively from the build service oriented the bankruptcy liquidation legal system, a sound system of liquidator, clear and detailed operating procedures, the liquidation matters to perfect the bankruptcy liquidation of the company legal responsibility and relief system several aspects.
Keywords/Search Tags:Corporation Liquidaiton, Non-bankruptcy, Liquidator, liquidating liability
PDF Full Text Request
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