In recent years, often appear in the judicial practice this strange phenomenon: party a lawsuit or arbitration, the people's court or an arbitration institution for parties and cannot find litigation papers. In some cases, though, has initiated the trial work also already, but found that party cannot produce valid business license of enterprise legal person. The ministry of commerce and the results of my query, is the party's business license is revoked, or the earlier by an enterprise as a legal person, the cancellation of registration is not through inspection or business did not deal with formalities of yearly check. The company is more ridiculous, though in law does not exist, but the company property but still exists, even the company's business activities in. However, due to the party's subject qualification, the creditor has lost its lawsuit, not to mention lawsuit also has ruled. Perhaps this is the result of the ministry of commerce, but certainly not the fact is objective existence, the rationality and absurd sex is obvious.
The crux of the problem is logic? The company is in the settlement. Company is by liquidation, the company debts, and eventually stop residual property company legal personality of company law system. Statutory accounting procedures should be quite perfect system design, its purpose is to terminate the company directly legal personality. In the company, the liquidation of the company is terminated, the legal procedures necessary personality as registered company is the only legal personality, any company procedures for the liquidation, not to pay its debts and its existing legal relation and legal affairs before the end, make legitimate may not be terminated. In this way, the company is founded to termination is much more complicated and more strict legal proceedings, even some company for various reasons to after years of time to finish the liquidation, the company to achieve the company's termination. Of course, the termination of the legal personality as the liquidation of companies, the purpose is the only form. In essence, the liquidation of the sense of purpose is to the interests of creditors, the company shareholders and protection of the social and economic order, only to terminate the company legal personality, not through the complex liquidation procedures. But, after the termination of the obligee's right, can get off? The shareholders of a company to enjoy the Stockholders' equity can be achieved? Whether the social and economic order can be maintained? But the law should be pay attention to, the fundamental purpose of and value system.
If after the liquidation procedures, the legal creditors will get the debtor and the notice of cancellation or abandon themselves to the right. If after such a program, the properties of the company in its debt before discharge will randomly assigned or loss, the more unlikely company does not exist and property in the strange phenomenon. However, the department of industry and commerce business license shall be revoked and the cancellation of the administrative punishment, the company has become the company terminates the simplest way, be exempted from the liquidation procedures and escape debts of the most convenient means. This will give violates the provisions of administrative management in the penalty and sanctions, but the result is counterproductive, increasing the digitisation of company. Some knows this way, even to the businessman to break away from the bad companies, to avoid the debt burden of mapping.
The company business license is issued by the ministry of commerce company registration certificate of the legal. Company since its legal qualification, was founded by the company for their business licenses. Its business license, originally should be located to obtain the business license, has the enterprise business qualification certificate. In China, issued by the administration for industry and commerce business license has two kinds: one is awarded to the enterprise legal person business license of enterprise legal person, Two is to unincorporated business and corporate branches from the business license. The business license of enterprise legal person except that the business enterprise qualification, but also shows the legal person qualification, is two kinds of qualification of the license. But the business license of the enterprise is not directly involved in the business qualification, the enterprise legal person qualification. Therefore, the business license of the company is the company legal identity, is proved in the lawsuit qualification and the identity of the major evidence. Whether the company shall have the legal person status of direct expression, is whether they have legitimate business license.
Its business license shall be revoked by the company registration management is very important for the administrative punishment measures, the plot is very serious violations, usually specified such punishment. For example, the state administration for industry and commerce registration of enterprise management problems about the implementation opinions of article ix: "to the competent registration authority shall, according to law, the annual business, and promptly notify the administrative punishment, until its business license shall be revoked. Shall revoke the business license of the company law, the consequence is cancelled or of the business qualification, together with its corporative qualification cancelled? Just legislation, administration and jurisdiction of business license shall be revoked, the purpose of the business, not cease to allow its new business activities, not prohibit enterprises to carry out the liquidation. To conduct liquidation, the enterprise legal person qualification is the necessary condition of body. Therefore, its business license shall be revoked shall cancel the consequences of the business qualification is, without the legal person status shall be simultaneously with cancelled. The legal person status shall be canceled by the end and deregistration formalities for conditions. However, because of the company business license will be its business qualification and legal qualification of business license shall be revoked, at the same time, also will be this two kinds of qualification with cancelled. At the same time, in law enforcement and judicial link, even in the related regulations, the company registration also exist on this problem for a significant misunderstanding. For example, the implementation opinions of the first 10 expressly: "business licenses revoked, the legal person status or terminate business qualification. The remaining property, the company is the root cause of the obstructed, litigation.

Currently, the solution to this problem is realistic and feasible solutions, should be made to its business license shall be revoked of law enforcement and judicial interpretations, flexibility, namely, its business license shall be revoked just cancel enterprise business qualification, the legal person qualification, still exist. Only after the cancellation of its enterprise legal person qualification to lose. Judicial organs should not because of the company business license shall be revoked by the action of the main body, and no qualification. The company business license is revoked, can completely as qualified the plaintiff and defendant. At the same time, should also explain this licence suspended in the liquidation of the company belongs to the person, the establishment of joj corporations, with particular range of rights and ability. During the process of liquidation, and liquidation matters related to civil action and necessary. But the liquidation group is the company's legal representative liquidation, with internal affairs, foreign representative implementation liquidation rights and duties of the company and its position in the normal operation is similar to the legal representative. Therefore, in settlement activity, the liquidation team may also should is in the name of the company, and the company for civil activities and in the proceedings of the subject. Current practice, and shall not with company name in its own name for the civil lawsuit activity and the practice, and the company shall liquidation and the legal relation between not identical.
In judgment, that company subject qualification, still should clarify company with special company terminates, the company cancel its business license shall be revoked and the cancellation of the relationship. Company's industry and Commerce Department to cancel the registration procedure, the company terminates the establishment and termination must handle relevant industry and commerce registration and effective elements and logo. The company was established, registered with the company for termination of the cancellation of registration for the elements in. Meanwhile, in the physical, the cancellation of registration and must have legal requirements, and the termination of the termination of the elements is liquidation. The company business license revoked, the administrative measures for industry and Commerce Department, not that company has complete liquidation, does not constitute a corporate termination of elements, also cannot handle the cancellation of registration on the company. In practice, the company business license shall be revoked and the cancellation is often confused, company business license revoked that the company has been cancelled. Also some of the ministry of commerce in its business license shall be revoked, the company will cancel, obviously it is natural and legal obstacles to the company and one important reason.
For without the liquidation of the company has been cancelled the debt, how should handle? At present, some local people's court cases simply will not end, terminate the not only recover gae up debt. Is legal, company terminates doesn't mean the duties and responsibilities of completely remove. The creditors may also accused by the shareholders of a company should be to a lawsuit, filed a lawsuit according to the shareholders of a company is should liquidating obligations. Article 192 "company law" regulation: "the liquidation group Co., LTD. By shareholders, of a joint stock limited company shall be determined by the shareholders' general." Therefore, the company's shareholders is liquidating obligations by the bankruptcy liquidation, except by the people's court organization, other cases, shareholders must organize liquidation. In the company is not cancel, legal person qualification, under the situation of shareholders can still with his personal name and civil subjects to perform its obligation of liquidation. In the physical, the company was cancelled, the property of course should be distributed to the shareholders of a company. In fact, in the ordinary circumstances, the properties of the company is indeed is assigned by the shareholders or possession. Originally, the liquidation procedures through normal in the company's assets, liabilities, than circumstances shareholder is impossible to obtain any remaining assets. And because the liquidation of the company, the shareholders obtain property, but did not undertake any the debts of the corporation. Therefore, to shareholders as the defendant, the requirement undertakes the responsibility of liabilities, entirely reasonable. Even in the company, the shareholders are not after the cancellation of any property from the company, demand the shareholders can assume corresponding responsibility. Since it is due to the shareholders fails to perform the obligations of liquidation, led to the loss of property or by other shareholders occupy, bear an unshirkable responsibility of the fault. But the shareholders in the responsibility, the property shall be determined by the company are the actual number of assets cancel the burden and shareholder litigation case, if the shareholder can prove that the cancellation of assets, shall be responsible to the shareholders of assets as property.