The Case Of "The Infringement Dispute Of Shanghai Audio-visual Press V. Chen Etc. "

This article will make comprehensive use of law of hermeneutics, the study of comparative law, law and economics, law and sociology research method. Sorting through the materials .read the relevant writings, based on legal theory and social reality in china, to recruit the latest theoretical research results of foreign countries, and combine the specific company law cases, seek to make reasonable solutions for settlement obligor's civil liability because of malicious infringement and fraud write-off. Full text from the introduction, body and conclusion of three parts, and the body includes of case presentations and questions raised, the system of liquidation obligations, settlement obligor's civil liability for malicious infringement and fraud write-off. the perfect of company liquidation obligor system, altegether including four parts.Introduction:a brief overview to the research background, current situation, and theoretical and practical significance the research work of the topic.The first part:case presentations and questions raised. This part make "shanghai audiovisual press v.chen etc. liquidation group duty dispute" an exeample,combine the lawsuit and the focus of controversy, bring up some legal issues,for exeample:the system of settlement obligor, settlement obligor's civil liability because of malicious infringement and fraud write-off,and etc. and the theoretical and practical significance when these questions are resolved.The second part:the system of settlement obligor. This part separate the liquidator and the settlement obligor by making use of some lays,for exeample. law hermeneutics ,sociology of law and combining relevant legal princiles and specific cases, be defined on the subject area of the settlement obligor; Explain the value of the system of settlement obligor's civil liability by the fair value and order value of the law; To "The theory of fiduciary duties" based,explain legal basis of the system of the settlement obligor's tort liability. In china, the foundation of the settlement obligor's civil liability system, more in line with our country's legislation and judicial practice.The third part: the settlement obligor's civil liability because of malicious infringement and fraud write-off. This part described in detail the settlement obligor's two kinds of civil liability because of malicious infringement and fraud write-off, it includes:(1) Malicious infringement, that is the civil liability because of malicious disposition of company property; (2) Fraud write-off, that is the civil liability without the liquidation procedures, using false liquidation to defrauding the company registration authority for cancellation of registration of legal persons.The fourth part: The perfect of company liquidation obligor system.Conclusion:This part summarized the legal issues related to the papers, and clarify the author's pionts.