On The Protection Of Creditor’s Interest In Non-bankruptcy Liquidation

In addition to bankruptcy,the reasons for the company to withdraw from the market include non-bankruptcy reasons such as the expiration of the operating period,the revocation of the business license,and the order to close down.As the main body in the market economy,the exit of the company has a direct impact on the interests of creditors and shareholders.Liquidation is the last procedure for a company to withdraw from the market,and it is also the last way to protect the interests of creditors before the company withdraws from the market.Company liquidation can be divided into two types,one is bankruptcy liquidation,and the other is non-bankruptcy liquidation.In my country,nonbankruptcy liquidation plays an important role.Non-bankruptcy liquidation plays an important role in maintaining the balance of interests of the company’s stakeholders,preventing conflicts caused by uneven interests,and ensuring the long-term and stable development of social and economic order.Due to the relatively late development of related fields in my country,the relevant provisions on non-bankruptcy liquidation in the Company Law are not sound enough.Among them,the shareholders,as the controller of the company and oblige of liquidation,take advantage of the convenience of operating the company and the rights in liquidation,it is more common to abuse the limited liability system,evade one’s own debts,and damage the rights and interests of others.Therefore,in order to maintain the security of my country’s market transactions,it is necessary to improve my country’s liquidation system,and make clear provisions on the rights and obligations of the shareholders as liquidation oblige in liquidation and the assumption of responsibilities.The theme of this paper is the protection of creditors’ rights and interests in non-bankruptcy liquidation.First,it analyzes the necessity of protecting the interests of creditors in non-bankruptcy liquidation,and sorts out the relevant legislative system in my country.Combined with practical cases,it determines the constituent elements of shareholders who act as liquidation oblige to assume joint and several liabilities for liquidation,and analyzes the problems existing in the liquidation of shareholders as liquidation oblige,discusses the defects of the system,and puts forward suggestions for improving my country’s non-bankruptcy liquidation system.The first part introduces the theoretical basis for the protection of creditors’ interests in non-bankruptcy liquidation,and provides theoretical support for the necessity of the protection of creditors’ rights and interests.Sort out the laws,regulations and judicial interpretations on the protection of creditors in my country’s "Company Law" and judicial interpretations.It analyzes in detail the rights and obligations of shareholders as liquidation oblige in my country’s "Company Law" and the responsibilities they should bear when they infringe on the rights and interests of others.The second part,by analyzing the non-bankruptcy liquidation cases related to the company’s shareholders in practice,determines the constituent elements of the shareholders’ joint liability for liquidation,and discusses the problems existing in the practice of shareholders as liquidation oblige.It is proposed that shareholders bear joint and several liability to meet four major requirements.The third part analyzes the inadequacy of my country’s non-bankruptcy liquidation system to protect creditors by summarizing the foregoing.The deficiencies mainly include the unclear provisions on the subject of the liquidation oblige,the difficulty in determining the members of the liquidation team,the unclear method of assuming the responsibilities of the members of the liquidation team,and the uncertainty in the scope of compensation.The fourth part,put forward effective suggestions: establish the company dissolution registration system,improve the liquidation report formulation and confirmation system,improve the liquidation report formulation and confirmation system and so on.