Research On The Problem Of The Protection Of The Rights And Interests Of Creditors In Non-bankruptcy Liquidation Of Company

In the process of market economy, the company as the main commercial subject, the establishment and termination seems like the body that the new supersedes the old,survival of the fittest is the inevitable requirement of the mature market economy mechanism, set up system of the company in our country is relatively perfect, but the provisions on the company to withdraw from the mechanism has many problems, of which the most outstanding is the shareholders as the company actual operators, the use of "company law" and the articles of association of the company, the abuse of corporate personality independence and the limited liability of shareholders, the other stakeholders to damage the legitimate rights and interests of creditors of the company. In order to safeguard the legitimate rights and interests of the main parties, maintaining the market transaction security, establish the effective market exit mechanism, we must improve the clearing system of our country, and the rights of shareholders, the duty and responsibility to make clear the definition, the shareholders liquidation shall bear the corresponding liability for the creditors and other main cause loss, protecting of creditor rights through perfecting the non bankruptcy liquidation.In the thesis, the theme is research on the problem of the protection of the rights and interests of creditors in non bankruptcy liquidation of company. On the existence non bankruptcy liquidation of company deficiencies and improvement as the angle of view, to clarify the concept of non bankruptcy liquidation system, focusing on the analysis of the rights, duties and responsibilities of shareholders theory basis of protection of creditors in the bankruptcy liquidation and non bankruptcy liquidation process in our country, a brief review of the relevant provisions of the current company creditor protection to the non bankruptcy liquidation system in China and foreign countries, combined with the cases of company creditor protection in the judicial practice in our country, to determine the shareholders undertake clearing joint and several liability elements, and analyzes some problems related to this. Finally, based on the above analysis, analyze the shortages of the company non bankruptcy liquidation of creditor protection to determine how to improve the non bankruptcy liquidation system in china.The main contents of the thesis are as follows:The first chapter of the article carries on the analysis the related to the company non bankruptcy liquidation system and the creditor rights protection provisions,and compared the rights,obligations and responsibilities of company shareholder in the bankruptcy liquidation,in our country and abroad in order to learn from each other.The second chapter is the core of the thesis, in perspective of protecting the creditors,analysis the judicial practice of the company cases associated with the shareholder responsibility non bankruptcy liquidation, to determine the shareholders need to bear joint and several liability elements of liquidation and the related problems are discussed.The third chapter summarizes company non bankruptcy liquidation system in our country on the issue of creditor protection, and puts forward some suggestions. The deficiencies mainly for the dissolution of the company publicity system flaw,weak supervision mechanism of company non bankruptcy liquidation of creditor in the process of liquidation, and the lack of clear clearing time limit. The author puts forward the following suggestions, such as the establishment of forced company disbandment publicity system, appropriate to expand the right to apply to the judicial organ for the specified range, the liquidation group consisting of applicant’s clear a liquidation group member composition and its legal status and liability of liquidation period, the establishment of the system and liquidation documents complete storage system, and improve the liquidation report confirmed system.