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Settlement systems research

Author: WuBian
Tutor: ShenGuiMing
School: Zhengzhou University
Course: Economic Law
Keywords: Liquidation the company during liquidation company liquidator Liquidation procedure
CLC: D912.29
Type: Master's thesis
Year: 2004
Downloads: 222
Quote: 7
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Abstract

Market economy is the economy governed by law. The company, as the subject of market economy, when participate in the market competition, should follow not only the market access rule, but also the complete rule when withdrawing from the market.In our country’s company liquidation legislation, existing kind and setting of liquidation is not accord with the company legal principle, do not adapt to socialist market economy and the need of setting up the modern company’s system, it is necessary to be perfected and revised. Through the research of the company liquidation theory, the writer discuss the company’ s liquidation system to help the perfection of company’s liquidation system. The full text divides into four chapters altogether, the basic structure is as follows:1) The research of company’s liquidation attribute and the company’s attribute during liquidation. This chapter starts with the general theory of company liquidation, probe into the nature of the company liquidation and company’s characteristic among liquidation. Before the company withdraws from market, it should clear up his property, discharge company’s credit and debt, stop the company’s main body personality. Company liquidation is liquidated legally in our country, company dismiss is the reason of a company liquidation. The right ability of the liquidation company is only limited to the liquidation activity, no longerenjoy the ability of the production and operating activities. Liquidation company should participate in all legal relations with its own name during continuing period, the liquidator can only carry on the lawsuit as the lawsuit representative of the liquidation company, can’t carry on the lawsuit with its own name.lt is a kind of administrative penalty measure in company’s registration management to revoke the business license, the consequence of revoking the business license is to cancel the management qualification of the company, its legal personality has not been eliminated. To revoke the business license is only the beginning causing the company to dismiss and liquidation procedure. According to the company law principle, after the company is revoked the business license, should not discharge the specific creditor alone again in principle, must discharge in unison all creditors through the liquidation procedure, to guarantee the justness.2) Company’s liquidator system. This chapter divides into four parts to introduce the production, the nature, the duty and legal liability of company liquidator. It will be benefit to company liquidation to definite the production, the nature, the duty and legal liability of company liquidator.3) Liquidation procedure. In our country, a large number of companies don’t carry out liquidation after being dismissed by force, it is necessary for our country to set up particular (forces) liquidation system.When remarkable obstacle or " debt exceed "take place during the company ordinary liquidation, the court can appoint a liquidator, under the guidance of court to liquidate the company by force, according to the request of creditor, shareholder, company’s director and other interested parties, in order to realize interest balance between relevant principal part. 4) Treatment of company’s property while liquidating. The property of the company is a kind of dynamic property while liquidating, in the judicial practice, the sureness of the company property range often involves some special problems, should combine relevant laws or policies to make a concrete analysis.Enhance Liquidation consciousness, standardize the behavior of liquidation avails to the sound development of the company, With the constantly perfecting of company’s liquidation system, the general trust and worshipping to such legal system of the public, company’s economy of our country will get onto the right track of development abiding by laws.

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