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The Research on Company Liquidation Legal System

Author: LiHongGuan
Tutor: JinMing
School: Jilin University of Finance and Economics
Course: Civil and Commercial Law
Keywords: Corporate liquidation Liquidator Liquidation procedures
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 62
Quote: 0
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Abstract


Corporate liquidation is the company’s legal system, an important component, as the Company Law the final stage of the survival of personality, can make an orderly liquidation activities, safe, fair and efficient conduct, for the protection of shareholders, creditors and stakeholders of the rights and interests of the company smooth out of the market competition, and for maintaining the market economic order flow are of great significance. China’s "Company Law" in 2005, conducted a large-scale revision, from January 1, 2006 officially take effect, then, company law and judicial interpretation of (a), (b) also successively promulgated and implemented, and the Company Law of justice explanation (2) in terms of both the vast majority of the company’s liquidation of the legal regulation, we should say that my company’s requirements in respect of liquidation of the system has been largely perfect than before. However, the rule of law, and the world’s major countries (regions) compared to the gap is still significant, because many provisions are some of the provisions in principle, the lack of clarity and operability, in a sense, our company’s liquidation legislation needs improvement.It is based on this background, this article in pursuit of fairness and justice, the balance of interests and social order as a starting point, the company liquidation of the legal system’s basic theory, combining advanced enactment of legislation, a detailed analysis of China’s status and lack of liquidation of the system, from the Improvement of company legislation point of view, the liquidation of our company’s liquidator system, the improvement of liquidation proceedings, in particular the clearing system is established, as well as the improvement of oversight mechanisms for liquidating the company to make a few thought.

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