论公司清算期间的法律地位

Of the Legal Status of Corporations During Liquidation

公司的解散清算是公司退出的重要环节,在实践中,我国清算制度存在的问题颇多,特别是公司清算法律制度在许多方面存在漏洞和空白。本文围绕着公司清算问题,在批判地吸收以往“人格消灭”论等四种观念学说的基础上,明确界定了公司清算期间的法律地位,提出了新的“清算法人”说,认为公司在清算阶段,其法人的主体资格发生变化,转变为清算法人资格,清算法人丧失其经营主体资格,但仍然具有诉讼主体资格。

Liquidation of corporations is one of the important things when the corporations end, but there are some problems in our liquidating legal system, especially some abuses and gaps in many aspects of the legal system of the liquidation of corporations. The author of this essay focuses on a legal problem of the liquidation of corporations, makes the legal status of corporations during liquidation clear on the basis of having critically assimilated the 揊our Ideas?such as 搕he Theory of Perishing Personality? puts forward a new theory of liquidating legal persons, and holds that the main title of these corporations has changed into the liquidation of corporation. That is to say, the corporations lose the rights of management but still remain the rights of lawsuit.