清算程序 meaning in English
liquidation procedure
Examples
- Deficiency of chinese liquidation laws shows in such aspect as legislation , juridical , doctrine and liquidator , which can be described as : dilapidated liquidation legislation idea , lack of manenverability , deficient liquidation and dissolution system and weak liquidator system . the conclusion chapter comes up with suggestions to liquidation legislation of china
在立法、司法、学理、主体上的不足分别表现为:清算立法思想落后,不适应当代公司法改革和发展趋势;公司清算程序的规定笼统,可操作性不强;清算和解散制度不健全;清算人制度薄弱。 - One of the most prominent character of its development is the emergence of the reorganization proceeding in insolvency law . aimed at rescuing the indebted enterprise , reorganization changed the track of insolvency law from one liquidation proceeding into two proceedings , which consists of both liquidation and reorganization
其发展进步的最显著特征之一是:破产法中出现了旨在挽救负债企业的破产重整制度,从而使破产程序由以单一的清算程序为主转变为重整和清算两种程序并重。 - Corporation , as the major and most active civil subject in this modern economic society , just like a lively natural person , has its own process of emerging , growing declining and finally disappearing . their capacities of surviving are greatly different among each company . some stronger ones operate well for hundreds of years , while some may have to terminate only after years or ever days . the termination of a company may have great impact on the rights and benefits of its share holders , debtees , debtors and employers , so the company should properly deal with all there interests after terminating , ending its rights and obligations with other subjects so as to protect the peaceful order of the economic society . but as a civil subject in law , corporation has its way of obtaining the capacity of rights greatly different from that of a natural person , as a result a company shall have a different liquidation process after termination comparing to the process for a natural person after his / her death . at present , many defects exist in china ’ s corporation legal system , including the system of company liquidation . the regulations in corporation law are too few and abstract which can not guide the company liquidation activities in reality , seriously destroying the normal economic order of social life
公司生存的强弱之分有着十分巨大的差距,有的公司已存续百年仍生机勃勃而不见颓势,有的公司成立不过数日或几年就不得不终止。公司的终止会对公司股东、公司的债权人、债务人以及公司的职员的利益产生重大影响,公司在终止之必须对各种相关利益进行妥善安排,将公司与相关主体之间的权利义务归于消灭,以维护社会经济生活的平稳秩序。但由于公司作为法律拟制的民事主体,其取得权利能力的方式与自然人有着迥然的差异,这就决定了公司在终止时应当进行与自然人死亡后迥然不同的清算程序。 - The creation of the offsetting right is to fairly protect the interest of the creditors , and in the meantime by offsetting , to terminate the credit - debt relationship between the creditor and insolvent person . it can also avoid the deterioration of the credit - debt relationship , and promptly put the bankruptcy liquidation to an end
破产抵销权的意义在于公平的保护破产债权人的利益,同时通过抵销,消灭破产债权人与破产人之间相互的债权债务关系,避免破产人债权债务复杂化,迅速结束破产清算程序。