A Study On The Civil Liability Of The Liquidation Obligor Of The Company

With the development of market economy,the company has become one of the important subjects of the market economy,which has created great wealth for the society.As the guiding norm for the company to carry out its business,the main goal of the Company Law is to ensure that the legitimate rights and interests of the relevant stakeholders are protected in the process of the business development of the company.The Company Law not only actively guides and encourages public investment and entrepreneurship,but also has legal and orderly procedures when it exits the market.Build a good market exit mechanism.Especially after the revision of the new company law,after the real payment system of registered capital of the company is amended to the recognition system,the conditions for the establishment of the company will be relaxed,and some poor quality public may be allowed.Division into the market,so it is particularly important to improve the market exit mechanism.With the continuous progress of the construction of the rule of law,the Company Law and its judicial interpretation stipulate the liquidation obligor system,but this system is,after all,a new system,and most of them are stipulated in the form of judicial interpretation,which has many imperfections and can not meet the needs of judicial practice.In recent years,the cases of liability disputes of liquidation obligors have gradually increased.Therefore,it is of great guiding function and judicial relief value to establish the internal identity and type of civil liability of liquidation obligor.At present,the focus of the dispute about the liquidation obligor of a company is mainly focused on the following aspects:first,the scope of the liquidation obligor,whether the minority shareholders are liquidation obligors,and whether it is reasonable to define the liquidation obligor of a limited company as the controlling shareholder?Is the nature of the people’s responsibility for the liquidation of a company an infringement or a personality denial system?What is the way and scope to bear civil liability?The above problems are very important in constructing and perfecting the legal system of company liquidation.In this regard,based on the current theoretical research on the liquidation obligor system combined with the relevant judicial practice cases,the author divides this paper into the following parts to carry on the research.The first part is the relevant trial cases in our country in recent years,and finds out the problems related to the liquidation system from the practice.The second part combs the concept and scope of liquidation obligor,compares the different viewpoints of this issue through the current legislative situation at home and abroad and the practical and theoretical circles,and puts forward its own views;the third part mainly analyzes the nature and constituent elements of civil liability of liquidation obligor,and the constituent elements and reason of liquidation obligor’s liability.On the basis;the fourth part mainly focuses on the types and scope of civil liability of liquidation obligors.It is hoped that it is of some significance to perfect the system of clearing the obligor and to construct a good legal and orderly market launch mechanism.