Research On The Related Issues Of Protection Of Creditors' Rights And Interests In Non-bankruptcy Liquidation

The liquidation system is the last step for the company to withdraw from the market,is an important part of the company's system,and is also the last guarantee of the creditors when the company exits the market.A perfect liquidation system is crucial to the creditor's claims.At present,the market economy is thriving,the difficulty of setting up and exiting companies is decreasing,and the number of companies is increasing.However,the provisions on the protection of creditors in the current liquidation system are still more principled,the exit mechanism is not perfect,and there are a series of drawbacks,and often the use of current Institutional loopholes to avoid liquidation,or the use of regulatory deficiencies,fraud in the liquidation,infringement of the company's property,resulting in damage to the rights of creditors.For a long time in the past,it was not conducive to the sustained and stable development of the economy,and it was not conducive to the stability of the market order.Therefore,studying and improving China's liquidation system has a strong theoretical and practical significance.This thesis takes the issue of the protection of creditor rights in non-bankruptcy liquidation as the first step to sort out the relevant theories of non-bankruptcy liquidation.Under the premise of different types of liquidation,it elaborates the value of perfecting the non-bankruptcy liquidation system for the protection of creditor rights and interests,and summarizes the relevant provisions in the current legal and judicial interpretations on the protection of creditor rights during the liquidation process.Secondly,it focuses on the analysis of the current causes of the lack of protection of creditor rights in the current non-bankruptcy liquidation system,including the defects of the current system,the lack of creditor supervision,and the unclear responsibilities of the members of the liquidation group.This thesis proposes relevant reasonable suggestions on the causes of the above problems,such as setting up a dissolution registration system,establishing professional liquidators to improve the current liquidation system,adding creditor meetings,and increasing creditors' rights to know and disagree to strengthen creditors' resumes;Finally,this thesis defines the method and scope of the responsibility of members of the liquidation group and establish a credit registration system to improve the responsibilities of members of the liquidation group.