On The Legal Responsibilities Of Malignant Non-liquidationin Company Dissolution And Liquidation

The term company dissolution and liquidation refers to the legal procedure in which the personality Of the legal person in the company will disappear finally after the company dissolve and settle all the current legal relations with others. In fact company dissolution and liquidation plays a very important role in the legal institutionsin order to perfect the company; so nowadays a lot of developed countries in the world work on the design of the systematic and scientific systems as necessary part of company laws. Although in our country the company law has instructed all the companies to set up the regulations,they are actually in their initial stages.What's more, we can just see more regulations full of sense of principles than those ready for operability. Even worse,because some necessary systems haven't been set up, in return many dishonest shareholders try to find opportunities that can be exploited to their advantage, and they even instigate some of their lawbreakers to run the risk of evasion of repayment of loans on purpose. As a result company dissolution and liquidation has become a legal approach in which such shareholders as liquidation obligors could avoid their debts and the risks of their business.In the first chapter, depending on the basic knowledge of liquidation, the author analyzes the conception of it and its classification, presents what is called malignant non-liquidation. Furthermore, the author clarifies the three characteristics about malignant non-liquidation. Examples include the illegal behavior, severe damage to the society and even a criminal. In fact the author wants to stress the severe effects of malignant non-liquidation:the behavior does great harm to the interests of the creditors as well as the company staff; it is harmful to the harmony and steadiness of the society which led to the rough results ---the decrease of social creditability and the principles of honesty and credit being trampled on. Therefore the whole society and the legal circles should realize the necessity and urgency to punish and avoid the malignant non-liquidation. In the second chapter, the author clarifies and analyzes the present state and legislations relating to the company dissolution and liquidation·, Based on the 2008 Company Legation and Judicial Administration (Ⅱ), the author explains the shortages lyng in the company dissolution andliquidation, of course adding the great significance of publishing the administration. The purpose of this chapter aims to stress the necessity to perfect the legal responsibility linked with the malignant non-liquidation.The third chapter deals with the following contents:(Ⅰ) the institutions on obliger and his or her responsibilities in Japan; (Ⅱ) the institutions on the company dissolution and liquidation in the USA·The author intends to inform the readers of the present state and legislations relating to the company dissolution and liquidation in China by comparing our country and other developed countries.The fourth chapter deals with the types and perfect suggestions of obliger's legal responsibilities to the malignant non-liquidation in China. The author states seven aspects about undertaking:(Ⅰ)the obliger's civil affairs for thenon-liquidation malignant relating to such factors as company devaluation,losses and damages.(Ⅱ) the obliger's affairs for refusing performing the liquidation responsibility. (Ⅲ)the obliger's civil affairs for losing the valuable materials for liquidation.(Ⅳ)the obliger's civil affairs for wrongly disposed properties of the company after its dissolution. (Ⅴ)the obliger's civil affairs for cancelling register or making false register before the company liquidation.(VI)the obliger's civil affairs for the stock holder's not showing their investment evidence (Ⅶ)the obliger's civil affairs for the damages to some holders because of others holders' malignant non-liquidation What's more, the author presents the obliger's administrational affairs and penal affairs for the malignant non-liquidation, with the hope of clarifying the legal tissues and the building of the perfect company dissolution and liquidation to deal with the malignant non-liquidation the Malignant Non-liquidation...