Study On The Legal Protection Of Stakeholders In The Company Liquidation

Liquidation is a necessary process for company to be retreated from themarkets, but also it’s an important legal tool for creditors to better realize their legalrights and interests. Only we establish the great liquidation procedure, we can ensurethat the interests of creditors will be better to be realized, and make the market—oriented economy developed more healthily and orderly. However In our legislationon company law, the rules and regulations concerning the protection of creditorsduring liquidation are far from perfection. Going to details, the civil liability of notstarting liquidation as provided by related law is generally not in position, and thereare less relevant procedural law guiding the liquidation. These problems are urgentto be solved.This discourse, which based on the research of me judicial practice, focuses onthe protection of the creditor’s right in company liquidation and try to perfect thewhole system. It can be divided in the following four chapters：Chapter One discussed elaborately the basic theories of legal protection ofcreditors in company liquidation, this chapter includes two parts, the first partmainly introduces the definition, classification of the company liquidation; thesecond part mainly elaborated the definition of creditor in company liquidation, andanalyzed specifically the legal relationship between creditor and shareholder,liquidator.Chapter Two illustrated the necessity of strengthening the protection of theinterests of creditors from both the micro and macro perspectives to reveal thelegislative value and social value of the creditor’s protection.Chapter Three specially showed us the status quo and imperfection in ourlegislation about the creditor’s protection during the company liquidation, and putforward the corresponding suggestion from the viewpoint of law, which took theopinion that the effective way to strengthen the creditor’s protection is that weshould build an enforceable Registration system for dissolution of the company, liquidator system, supervision system about company liquidation.Chapter Four discussed elaborately the theoretical basis of civil liability and theway of bearing civil liability to creditors by liquidators, shareholders in differentsituations, in order to improve the protection system about creditor’s legal rights andinterests in company liquidation.