Study On The Qualification Of Plaintiff In Civil Public Interest Litigation Of Social Groups In China

This paper focuses on the tort liability of the liquidation group members in the non bankruptcy liquidation of the company,and makes a more detailed and in-depth study and analysis.It is well known that the liquidation system of Chinese companies includes bankruptcy liquidation system and non bankruptcy liquidation system.Among them,the enterprise bankruptcy law is a department law specifically for the bankruptcy liquidation procedure of enterprises,and the provisions on the content of bankruptcy liquidation are detailed and perfect.On the contrary,the relevant provisions on the non bankruptcy liquidation system in Chinese laws are not specific and perfect,so the non bankruptcy liquidation system will be implemented The system can be further divided into the company’s own liquidation and the court’s compulsory liquidation.Academic and practical circles have done a lot of detailed research and Analysis on the relevant legal issues of the bankruptcy law,so this paper will not repeat the relevant issues in the bankruptcy liquidation system.In the company’s non bankruptcy liquidation procedure,the members of the liquidation group are the protagonists of the liquidation activities.Therefore,the research object of this paper is the members of the liquidation group in the company’s non bankruptcy liquidation system.When they violate their obligations or carry out acts that damage the interests of the company,shareholders or creditors due to their faults,they should bear the legal responsibility Ren,that is,the research on the tort liability of members of the liquidation group.The writing angle of this paper is to conduct an in-depth study on the tort liability of liquidation group members in the process of non bankruptcy liquidation of the company.Firstly,it briefly describes the basic meaning and legal status of liquidation group members in non bankruptcy liquidation,and then compares the similarities and differences between liquidation group members and liquidation obligors,liquidation group,bankruptcy liquidation group and other related concepts to clarify this paper Secondly,from the perspective of the object of infringement,this paper makes a specific analysis of the identification of the tort liability of the members of the liquidation group,and finds out the existing problems.Then,it expounds and analyzes the imputation principle of the tort liability of the members of the liquidation group and the specific way of bearing the tort liability,and then makes an empirical analysis by listing three judicial precedents,This paper studies the problems and defects in the legal system of the liquidation group members’ tort liability,and finally puts forward some suggestions to improve the system defects one by one,aiming at solving the practical problems of the liquidation group members’ tort liability in the process of non bankruptcy liquidation.