Research On Legal Problems Of Liquidator In Compulsory Liquidation

A normal market economic system,not only must have the complete market access rules,at the same time also must have a perfect market rules of exit.Today,with market economy development increasingly,the market rules of dissolution of liquidation have an increasingly important status.In principle the companies enter liquidation procedure,them should liquidate voluntarily,but in practice the companies often not to organize liquidation,or the liquidation is intentionally delayed,or illegal liquidation,leading the stakeholders suffer interest damage.As a result,the voluntary liquidation can’t be completed.Then compulsory liquidation process as an effective remedial measures when the voluntary liquidation can’t be completed,not only can help the market eliminate the companies which cannot make voluntary liquidation,and also safeguard the interests of the related subject.After the companies into liquidation,the liquidation affairs are finished by liquidator,there is no doubt that liquidator occupy the central position in the company liquidation,therefore liquidator’s position is self-evident in compulsory liquidation.In compulsory liquidation,the liquidator’s position is very important,but no matter in theory or practice of compulsory liquidation,liquidator system research is few.Based on the consideration of the above problems,the essay conducts a research on the liquidator law issue in compulsory liquidation,referencing the foreign special liquidation system under the existing legal system in China,to analyze the problems existing in the current legislation and propose the corresponding solution measures.Besides the introduction and conclusion,the thesis demonstrates the view from four parts.The first part mainly introduces some theories about liquidator system in compulsory liquidation.This section separately introduced liquidator system and compulsory liquidation system.In part of compulsory liquidation system,the author introduces its concept and legal position and analyzes the differences of it and special liquidation and bankruptcy liquidation,has been clear about the compulsory liquidation is different from the special liquidation.In part of liquidator system,the author introduces the difference between liquidation obligor and liquidator and the classification of the liquidator.On the basis,the author further analysis of the three kinds of theories about liquidator’s legal status.The second part mainly introduces the liquidator in compulsory liquidation of the legislation history in China.This part analyzes the three laws: the legislation before 2005 year and Company Law(2005),Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law(II),and Notice of the Supreme People’s Court on Issuing the Summary of Minutes of the Symposium on the Trial of Cases of Compulsory Liquidation of Companies.Although these legislation have important significance,liquidator in compulsory liquidation still exist many problems.The third part analyzes the defects of the liquidator system in compulsory liquidation in the current legislation.Through the analysis of the current legislation and judicial practice,the author points out that liquidator system in compulsory liquidation main has four problems: the liquidator legal status is not clear;liquidator appointed process is too simple;the provision of liquidator’s liability is not clear;the supervision mechanism of the liquidator is not perfect.The part respectively discusses the reasons of the existence of four issues and the consequences in practice.The fourth part proposes solutions about the issues existing in liquidator system in compulsory liquidation.To perfect the liquidator system in compulsory liquidation,there are four measures: firstly,to clear liquidator legal status;secondly,to improve the procedures of the liquidator appointed,mainly including the selection process and remove process;thirdly,to improve liquidator’s liability,referring to the mode of bearing legal responsibility,scope of compensation,exemptions;fourthly,to improve the supervision system of liquidator,including internal supervision,the creditors’ meeting and court supervision.Proposing above four items consummate the legislation the suggestion,with a view to perfecting the relevant legislation of liquidator system in compulsory liquidation.