Non-bankruptcy Liquidation Of The Company Legal Issues

In today's social progress and economic development process, the companies play an increasingly important role. Company as one important subject of the modern market, it creates most of the wealth of the world today, however, the market still could not escape the impact of brutal competition and often passive out of the market, therefore, disputes involving the company also increase. Although China's current legal norms of the company has been increasingly improved, but there are too many of the principles of the provisions or in a blank state, together with the imperfections arise Law in China's market economy background, but decided their own Inherent defects. Liquidation of the lack of legal norms causes many inconveniences in practice, such as in non-bankruptcy liquidation process each of the main result of the unequal distribution of benefits often leads to contradictions and conflicts and thus affects the normal conduct of liquidation proceedings and socio-economic order and stability. It is non-bankruptcy liquidation of the company to adapt to the theory and practical requirements arising. Termination of liquidation of the company as the company to go through procedures and core link, is an important part of the whole company's legal system, and it makes an important part of its order for the construction of a healthy market of great significance. This article mainly from four aspects to the bankruptcy liquidation of the existing problems are analyzed and discussed.The first part, mainly discusses the basic theoretical problem of the company's non-bankruptcy liquidation. Including the company definition of the concept of non-bankruptcy liquidation, the connotation and denotation, basic feature, and the value of a non-bankruptcy liquidation analysis.The second part, mainly focuses on the company's non-bankruptcy liquidation of the main problems. Including non-bankruptcy liquidator of the company disputes the concept of legislative choices, the concept of settlement obligations and and the difference between with the liquidator, the liquidator's legal status and legal nature of the issues and the qualifications and rights of the liquidator.The third part, mainly discusses the non-bankruptcy liquidation of the company's civil liability problem. Including the civil liability of the liquidator, the liquidation of the obligor civil liability and the civil liability of shareholders. And on the basis of the present legislation for civil liability of the Company Law of the shortcomings of the main settlement, puts forward corresponding improvement suggestions.The fourth part, mainly discusses the company's non-bankruptcy liquidation, the protection of the interests of creditors. First, the company created after the dissolution of the dissolution of the corresponding company registration system to enable the creditors in a timely manner known fact that the company has been dissolved, and the right to return. Secondly, after the dissolution of the company during the liquidation of the company to strengthen court oversight of non-bankruptcy liquidation. Furthermore, the practice should not apply for the liquidation of general liquidation and bankruptcy liquidation proceedings of the occasion, the initial plans to establish a special settlement system to strengthen the company's protection of the interests of creditors in liquidation. Finally, a clear process to force the dissolution of the company business license revoked are unclear legal status in order to ensure creditors in time through the action mechanism to protect their interests.In fact, the company's non-bankruptcy liquidation, there are many problems, the author given the limited ability to choose one of several problems are analyzed and discussed, and based on this expressed her some humble opinion, to be on the non-bankruptcy liquidation of the company Legislative help.