The Civil Procedure Problem After Company Legal Person Business License Has Been Revoked

The establishment of company system can make the management corpus fair and square get in to withdraw a market. But the company law of our country is concerning the company withdraw a mechanism return not enough perfect, the bankruptcy concerning company, dismiss with clear up accounts of provision difficult in orientation economic activities .The market withdraws a mechanism to see from the business enterprise legal person, because of cease operation, is cancel, is close, and drive revoke business license etc. and dismiss of the situation be multifarious to take place, such as that business enterprise can not normally clear up accounts, the legal right passion pass normal succour the path carry out its legal right to become unusually difficult, and our country the related law rule return not enough perfect, although Supreme People's Court the apply of company law successive pedestal related judicial explanation, many hard nut to cracks ,also resolve to meet in the fulfillment, reflect judicatory to practice medium, the judge also faces while take up this kind of case many perplexed with perplexity, now only the company be revoked the civil case in court problem that the business license behind faces and combine to judge an actual situation to do a superficial inquiry into, aim at from the theories and fulfillment two levels, aim at an existent problem, put forward to the speculation and suggestion that this kind of civil case handle.This article is totally divided into five parts: the first part in order to revoke after the business license the law position of company, mainly from the law property of business license, revoked classification and reason, related law of business license to rule, revoke after the business license the law position of the company etc. a few aspects carried on to discuss and enumerated to revoke after the business license two kinds of different standpoints and its law basis of company law position, put forward oneself to the understanding which revokes after the business license the company law position, and elaborate oneself basis of law laws and academic opinion ;The second part in order to revoke after the business license the civil case in court problem of company, enumerated various existent civil case in court method and its theories in the judgment the fulfillment basis, and combine judgment fulfillment as to it's respectively of the merit and shortcoming one by one comment ;The third part puts forward to personal opinion of company civil case in court problem and pass excellent to above various litigation method, the analysis of weakness, combine the demand of judgment fulfillment, put forward a settlement responsibility litigation to is still to revoke after the business license the main litigation method of company litigation, and to existing settlement responsibility litigation of the concrete law apply to put forward suggestion ;Four-part divide other judicatory relief, at pass the litigation creditor of the settlement responsibility can't or is been subjected to Chang impossibly, how get other judicatory relief .This text promises the civil case responsibility of load to put forward an other judicatory relief a method according to the company shareholder, Be the complement which clear up accounts responsibility litigation, with utmost support the benefits of creditor .These judicial relief include a company to establish invalid shareholder of infinite liquidate a responsibility, the company shareholder abuse a company personality of infinite liquidate a responsibility and check property organization to check to support dishonest complement to liquidate the complement which support minor faults of the responsibility, the company shareholder to liquidate a responsibility, company, the organization normally revolves directly liquidate a responsibility ;The fifth part judicatory suggest, fore the text analyzed to revoke the existent problem in quarrel and civil case in court of the law property of business license, aim at problem and antinomy which exists in the fulfillment and put forward perfect our country revoke business license the speculation and suggestion of the system.