Research On The System Of Company Liquidation Obligor

A complete corporate legal system is an important cornerstone for stabilizing the market order.The market access system and the market exit system serve as the life and death boundary for the company in the market,and play a decisive role for the company to enter and exit the market.In the context of the subscription system,the company is easy to live,but it is not easy to die.The company wants to withdraw from the market,from the accounting of creditor's rights and debts,to the public interest of the society,and must be put in place to be able to go to death safely.Otherwise,there will be endless litigation and disputes.Therefore,as an important system in the market exit mechanism,the liquidation system has been highly anticipated by creditors,employees,shareholders and other stakeholders.China's corporate liquidation system is mainly concentrated in the "Company Law",but the concept of liquidation obligor does not appear in this law,and the definition of the scope of the liquidation obligation subject is not clear.It is proposed in the 2017 General Principles of Civil Law.The concept of "liquidation obligor".However,the provisions of the General Principles of Civil Law do not distinguish between for-profit and non-profit legal persons,and do not distinguish between types of companies.Therefore,the scope of the liquidation obligor is reduced,which is detrimental to the interests of creditors..These have aroused the academic community's high concern about the scope and responsibility of the company's liquidation obligations and caused controversy.The ambiguity of the legal system and the different opinions of the academic circles make the problems in practice manifest as the undissolved liquidation of the company,and the shareholders and directors compete for each other and push each other.Therefore,it is imperative to complete the connection between the new law and the old law,the general law and the special law as soon as possible,and to establish a sound system of liquidation obligors.This article will be divided into four parts to discuss the liquidation obligor system.The first part is mainly about the theoretical investigation of the liquidation obligors in China,and the source of the company's liquidation obligations based on the purpose and type of the company's liquidation;the second is to systematically sort out the process of establishing the concept of liquidation obligors in China,and in the established dual-track system.Under the liquidation system,the liquidation obligor and its similar concept liquidator are distinguished;based on the legal obligations of the liquidation obligor,the type of responsibility of the liquidation obligor for breach of legal obligations is systematically compiled,combined with the investigation of the extraterritorial liquidation system,The liquidator conducts analysis and positioning,and compares and analyzes the problems existing in China's dual-trackclearing system.The second part mainly discusses the types of disputes involved in the judicial practice involving the liquidation obligor's responsibility,and explains the causes of many liquidation dispute cases through the specific situation of the statistical referee.In the process of combing the typical cases,the practice is clear.The subject of the liquidation obligor and the theory of responsibility.The third part is to combine the above-mentioned contents to explain the existing problems of the liquidation obligor system in theory and practice,that is,the problems arising from the coexistence of legislative conflicts,liquidation groups and liquidation obligors.The fourth part is to solve the above problems and propose the solution to the existing problems of the liquidation obligor system in China,that is,to unify the legal provisions,reduce institutional conflicts,clarify the problems in practice,and correctly distribute the liquidation obligations.