The Company Non-Bankruptcy Liquidation System

Company non-bankruptcy liquidation system matches along with company bankruptcy liquidation system.Comparing with the perfect bankruptcy liquidation system in our new.Bankruptcy Law,non-bankruptcy system institution seems so crude.As market access and withdrawal mechanism,the system of company establishment is corresponding with non-bankruptcy liquidation system.Comparing with the system of company establishment,non-bankruptcy liquidation system appears too simple.The benefit of creditors frequently suffers from our crude and simple non-bankruptcy liquidation system in the practice.On the base of the protection of creditor,this thesis rediscusses and defines the non-bankruptcy liquidation system.On the opinion of taking the protection of creditors as the core,the thesis analyses,discusses and investigates the non-bankruptcy liquidation system.This thesis includes three parts:preface,text and conclusion.Preface is about the value of the choice item,including theoretical value and practical value.Simultaneously in this part,that clearly be defined,the basic point of analysis on problems is taking the protection of creditors as the core.Text has five chapters.Chapter one restores the essential question of the non-bankruptcy liquidation system to the original state and clears-cut the cornerstones.The chapter mainly defines three concepts:liquidation, company liquidation and non-bankruptcy liquidation,then discriminates dissolution of company,termination of company and non-bankruptcy liquidation.Chapter two proofs that the core of non-bankruptcy liquidation system is.the protection of creditors.Firstly,the creditors has been divided into four different classification.Secondly,the limit of protection from Civil Law and the systems of protection from Company Law have been expounded.Thirdly,basing on the systems of protection from Company Law having been evaluated,the protection of creditors should be the core of non-bankruptcy liquidation system,that the benefit of creditors should be brought preceding switch.This opinion bring forth new ideas in the thesis.Chapter three expounds non-bankruptcy liquidation system in our country and summarizes its expression of protection of creditors. Furthermore,the sad truth of fact that the protection of creditors is a serious problem has been evaluated.Chapter four criticizes our non-bankruptcy liquidation system by the core of creditor's protection.In this chapter,five problems have been included:the problem of dissolution of company,the problem of liquidator and liquidating subject,the problem of ordinary liquidation,the problem of special liquidation and the problem of illegal liquidation system.Chapter five reconstructs our non-bankruptcy liquidation system by the core of creditor's protection.To aim at above-mentioned five problems in chapter four,the suggestions of completing our non-bankruptcy liquidation system have been proposed for reinforcing the creditor's protection.Conclusion is a summary of the foregoing dissertation,which point out the conclusion of this thesis.