Limited Liabilities Of The Special General Partnership

The NPC Standing Committee revised the "partnership enterprise law" of the people’s Republic of China in 2006, the partnership enterprise law of the revision of the new increase of the relevant provisions of the special general partnership, in accordance with the provisions of this law, joint and several liability for special general partnership system partners into the corresponding restriction, has been greatly influenced by thus for some industry partners and the specific rights and interests related to serious relationship between people. At present, how to better the current legal provisions within the framework of the application of special general partnership problems, caused the attention of the relevant departments. In this paper, based on this, try from our special general partnership limited liability legislation in the start, discusses the system produced in the judicial application of the problem and Countermeasure of the current court to deal with specific cases to take, and I hope to the judicial organ shall handle the relevant cases and has reference value to perfect the legislation.This thesis consists of three parts.Partners Limited Liability of the main features of the special general partnership as prescribed in the first part of the revised "partnership enterprise law" in have been analyzed in this paper, then the system analysis of the original intention of the establishment and legal basis, point out the value goal of the special general partnership for fair justice and efficiency, thus the natural extension of second parts.Chapter 2 discusses the problems arising in the practice of the limited liability of the special general partnership and the deficiency of the law. There are three aspects: whether the scope of the limited liability should be expanded to breach of contract obligation, the definition of intentional or gross negligence with the practicing activities of partner, and the seystem of piercing the partnership veil. Then we go to the third part.Chapter 3 is the conclusion. I will make some considerations on our legislation, referring to the systems of the USA. And then focuses on the problems arising in the practice of the limited liability of the special general partnership and the deficiency of the law, I will give my legislative advices and judicial suggestions.