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The Analysis and Improvement in the Judicial Practice of "Liquidation Obligors"

Author: ZhangZuo
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Economic Law
Keywords: corporate liquidation liquidation obligors fiduciary duties liability for damages pay-off liability
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 12
Quote: 0
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Abstract


Since China Society of Economic Reform (CSER) was established on 1978, CSER has 30 years of history. After 1993, The Company Law of the People’s Republic of China has been amended and adopted by the fifth meeting of the standing committee of the eighth National People’s Congress on December 29, 1993, which was in force for about twenty years, was amended this years. The original system of the non-corporate system business entities who occupies the dominant status in the social economy gradually were replaced by the system of legal person of the company, and legal person of the company has became the main force of Chinese market economy. Therefore, the main tasks of current jurisprudence are facing to establishing and improving the legal system of company. At the same time, make the legal system of company playing a positive role in the system of legal person of the company and reduce its negative effects to a minimum.The system of company limited responsibility has its obvious profit as well as the noticeable legal vacancy, on the one hand, the system encourage the investment, provided the effective legal way for creation public wealth, simultaneously it also becomes the way and the method which it harmed others to benefit oneself be used by the part not good faith investor. This could destroy the system of legal person of the company enormously and make a serious impact on social credit system constitution. The full text consists of introduction, text and conclusion of three parts. The part of Introduction and Conclusion section provides a brief overview of the reasons of choosing the topic and explaining the theory and practical significance of the system of“Liquidation Obligors ". The main text divides into four chapters. Chapter I mainly analyze the concept of "Liquidation Obligors". Compared with the foreign legislation and the vicissitude of legislation in China, the author tries to distinct the concept of liquidation obligors and liquidator strictly. Chapter II mainly has analyzed the trial practice current situation, the existence questions, the current situation and trial practice issues. As a commercial trial judges, understanding the difficulty and puzzled of the trial practice exists. The author thought the regulations on the subject scope,obligations and responsibilities of liquidation obligors should be reviewed theoretically,in legislation and judicial interpretation as well. Chapter III mainly analyses the related problems of "Liquidation Obligors". Chapter IV main analysis the obligations of the responsibility type for the "Liquidation Obligors". "Liquidation Obligors" shall have to undertake the corresponding civil liability if they fail to carry out their obligation and cause damage to others.On the basis of the traditional theory and practice, as a starting point of< Interpretation of the Supreme People’s Court on the Application of LawsⅡ>,this article attempts to analysis the entire system of "Liquidation Obligors" in order to supply and improve the system to solve the most urgent task in practice, through the way of Comprehensive utilization of comparative analysis, historical analysis and logic analysis method and other methods. Meanwhile, the author is looking forward to raising attention and discussion of system Corporate Liquidation Obligors.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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