The Research On The Legal Principles Of Companies' Liquidationlaw System

Under the background of the market economy , companies, as important parties in economic competition, become more and more important. Companies'dissolution and liquidation often happen to companies because of drastic competition. But the research and legislation construction pay more attention to companies'admittance mechanism in China, while the last stage--- the liquidation of companies is lagged behind, there is even research blind spot, the legislation construction is imperfect, as a result, companies cannot carry on correct liquidation after companies'dissolution . During this period of the liquidation, the base on which the parties may benefit from different parts has disappeared, and hence conflicts get more ferocious. Thus, it is clear that certain criteria for market-exit to reduce bad effects to society have to be offered to guide company liquidation procedures. And one of the best solutions is to establish integrated liquidation scheme. The principle is responsible for balancing the legal benefits of creditors, share holders and the related persons, the system also avoids the disputes and maintains society economy ordered prosperities. An integrity and perfect legal system, must pass through the profound fundamental research, the ramming legislation construction, the effective practice examines three stages, only then may shoulder the responsibilities of legal adjustment. The legal principles of the related concepts in the system are not clear, the nature is fuzzy, the value research of the scientific theory system is also immature. They can't effectively standard companies'withdrawal market mechanism, unable to solve the company liquidation problem arising from their dissolution in the judicial practice. Furthermore, since the company development speeds and the levels are limited, it is especially important to absorb and learn from the foreign related systems.