| As per Article184of The Company Law of the People’s Republic ofChina, and also according to the Article7of Provisions of the SupremePeople’s Court onSome Issues about the Application of the Company Law ofthe People’s Republic of China, right holder can apply to the court ofcompulsory liquidation, enjoying the right of legal remedy provided by abovelegal provisions. However, because of the limitations of the legal frameworkand the powers and functions of legal interpretation, the procedure ofcompulsory liquidation is not so clear and perfect. Since compulsoryliquidation system should be procedural system, without perfect and practicalsystem, there will be a lot of problems in administering compulsoryliquidation. Thus, Minutes of the Conference on Judging Compulsory Liquidation cases have been issued by the supreme people’s court, trying toinstruct and standardize the procedure of such kind of non-contentiousmatters, still need to be improved now. From the author’s point of view,lawsuit acceptance is the most important part, which leads to the impartialityof the trial. Therefore, with the beginning of the analysis of the lawsuitaccepting examination, the author tried to find out the deficiency, in theestablishment, operations, evaluation as well as improvement respectively ofthe compulsory liquidation system, both in the legislation and judicatorypractice. After that, the author gives some suggestions on the constructionand improvement of the framework of compulsory liquidation, which will bequite vital and urgent for the practical needs. The improvement of legislationand judicatory practice on this issue will embody the value and rules of theChinese compulsory liquidation that is righteous procedure leads to equitableresults. |
