The Legal Protection Of Company Involuntary Creditors

In a risk society,large-scale infringement incidents of the company occur frequently,and the victims in the company infringement incidents are involuntary creditors.Compared with ordinary infringement incidents,the infringed party affected by a company infringement must have a wider scope and a larger scale.Therefore,in the company infringement case,when protecting the victims,it must be combined with the company's particularity.This article mainly discusses the special protection of the company's involuntary creditors,and explores ways to effectively protect the legitimate rights and interests of the company's involuntary creditors.The first part of this article discusses the legal basis for special protection of involuntary creditors of a company,and explains the necessity of special protection for involuntary creditors in China,starting from the predicament of "difficult to protect rights".The second part focuses on the breakthrough of limited liability of shareholders.Firstly,the theoretical basis of the breakthrough will be discussed,and the breakthrough of the limited liability of shareholders will be distinguished from the denial of the corporate personality of the company.Secondly,the method of breaking the limited liability will be explored by shareholders in the company's infringement cases.Feasibility of liability and how to identify responsible shareholders.The third part is about the joint responsibility of directors and senior management personnel.As actual operators of the company,directors and senior management personnel have extremely important influence on the company's operations.Therefore,in the company infringement cases,the directors and senior management personnel were investigated for their faults.Its joint responsibility mainly discusses the difference and feasibility of subrogation rights from similar relief channels.The fourth part of this article is to protect the rights of involuntary creditors in advance of the compensation order of involuntary creditors after the company enters bankruptcy proceedings.Regarding the compensation order of involuntary creditors after the bankruptcy of the company,starting from the status quo of the compensation order of bankruptcy in China,the possibility of improving the compensation order and the order of compensation with security rights are discussed.