追償代理人 的英文怎麼說

中文拼音 [zhuīchángdàirén]
追償代理人 英文
recovery agent
  • : Ⅰ動詞1 (追趕) chase after; run after; pursue; catch up with 2 (追究) trace; look into; get to...
  • : 動詞1. (歸還; 抵補) repay; compensate for 2. (滿足) meet; fulfil
  • : Ⅰ動詞1 (代替) take the place of; be in place of 2 (代理) act on behalf of; acting Ⅱ名詞1 (歷...
  • : Ⅰ名詞1 (物質組織的條紋) texture; grain (in wood skin etc ) 2 (道理;事理) reason; logic; tru...
  • 追償 : recovery
  1. Firstly, some basic concepts are not clear, such as what is the status of the company under liquidation, how to define the action of the industrial - commercial authority ' s invalidation of the license of the company, whether or not the share holders can sue to disincorporate the company, is it legal to dissolve a company without liquidation, what is special liquidation, under what situation will a company be obliged to disincorporate, who will be responsible for liquidation after the dis incorporation, etc. secondly, some primary legislative principles about disincorporation and liquidation that are adopted in foreign countries are not established in china, such as a company must be liquidated before disincorporation except for acquisition, the company remains valid during the liquidation until it finishes the invalidation registration, an ordinary liquidation must be replaced by a special liquidation under the instruction of the court when there is an impediment or a fraud, the company should apply to the court for bankruptcy when it is found that its debt is over its asset during the liquidation, the number of people execute liquidation can be several or just one, companies applied for annulment shall be judged by the court and must be liquidated, etc. thirdly, china does n ' t have some of the fundamental rules that are specified in the laws of foreign countries, such as the rule of disincorporation registration, the rule that the company should sue to let the court judge for disincorporation if there is a deadlock between share holders, the rule of credit trade - off in special liquidation, the rule that people who execute the liquidation are jointly responsible for compensating the loss of the third party caused by their activities that are illegal or vicious, the rule of special liquidation, the rule of the representation of the people who execute the liquidation, the rule of the court supervising the liquidation in an inactive way, the rule of how long the accounts and documents should be kept after disincorporation, etc. because of the lack in research and legislation, the system for companies leaving the market is highly disorganized, which harmed the interest of the creditors and relevant people, increased the risk of market exchange, damaged the order of the market economy and the ethic of doing business, wasted the resources of the society, and impaired the authority and seriousness of the law

    再次,國外立法上的一些基本制度我國沒有,如解散登記制度,股東出現僵局訴請法院判決解散制度,特別清算中的債權協定製度,清算因違法或惡意對第三承擔連帶賠責任制度,司法特別清算制度,清算表性制度,法院消極監督清算制度,帳薄及文件在公司解散后保存法定期限制度等。由於論研究和立法的不足,造成了我國公司法退出市場機制的嚴重混亂,損害了債權和利害關系的利益,增加了市場主體交易不安全感,破壞了市場經濟秩序和商業道德,浪費了社會資源,削弱了法律的權威性和嚴肅性。文章認為,完善我國公司解散和清算制度,應借鑒和引進發達國家的法學論和法律制度,統一我國有關解散和清算立法,在基本概念、基本原則、基本制度、基本程序諸方面進行統一規范,填補立法空白,創設法院解散公司制度,廢除行政特別清算制度之以司法特別清算制度,健全和嚴格違反清算規定的法律責任制度(包括民事責任,刑事責任,行政責任,改變現行行政處罰范圍偏廣,民事賠范圍偏窄,刑事究空白太多的不協調狀況) ,從而構築起科學的公司解散和清算制度,使之符合我國經濟生活的客觀需求,符合市場經濟發展的基本方向,並與國外立法通例趨同。
  2. 4 every debt or other liability including unliquidated liabilities arising from torts or breaches of a contract incurred by any person acting as the president, or acting in or on the behalf, of the provisional legislative council which immediately before the commencement of the amending ordinance is owing and unpaid or has been incurred and is undischarged shall, on such commencement, become and be the debt or liability of the commission and shall be paid or discharged by and may be recovered from and shall be enforceable against the commission accordingly

    包括因侵權或違約而引致的未決演算法律責任,在緊接修訂條例生效日期之前仍由任何以臨時立法會主席身分或為臨時立法會或臨時立法會行事的欠下及未的,或由在該等情況下行事的承擔而未解除的,須在修訂條例生效日期成為管委員會的債項或法律責任,由管委員會清或解除,並可向管委員會討及執行。
  3. Restorative criminal responsibility needs and can obtain the reasonable annotation in elementary theory issues of criminal law, such as the law profit, crime essence, criminal activity legal relationship and legal responsibility : ( 1 ) the crime of violating the individual law profit is not the violation that aims at the abstract national or social entity, but aims at the individuals ; ( 2 ) " inspiring the authority " is not the basic task of the modern civil rights criminal law, maintaining victim ' s rights and interests and safeguarding that of criminal ’ s are “ two sides of the whole body ” of modern criminal law functions, neglecting any side at the same time inevitably enable the criminal judicature not to sink into region of the righteousness ; ( 3 ) in the concrete criminal activity legal relationship, the crime victim is the natural subject, the related country judicial organ is the subject of investigating the crime responsibility, or that of the judgment or execution, country in the overall significance cannot become the subject ; ( 4 ) repair and compensation of the crime harm is by no means a matter of civil liability, but is the basic entity burden of the legal responsibility which the criminal must shoulder

    恢復性刑事責任需要且能夠在法益與犯罪本質、刑事法律關系及刑事責任等刑法基本論問題上得到合詮釋: ( 1 )侵害個法益犯罪並不是針對抽象的國家或社會實體的侵害,而是針對私的侵害; ( 2 ) 「重振權力」不是現民權刑法的基本任務,保障與維護受害和犯罪合法權益是現刑事法功能之一體兩面,忽視任何一面勢必使刑事司法陷於不義之境地; ( 3 )在具體刑事法律關系中,犯罪受害是當然主體,有關國家司法機關是犯罪責任之訴或裁判或執行主體,整體意義上的國家並不能成為主體; ( 4 )犯罪損害的修復與賠並非民事責任的事情,而是犯罪應當擔負的刑事責任之基本的實體性負擔。
  4. In sharp comparison with the laggard legislation, risk representation came into existence in practice long before the legislation, especially in cases covering personal injury, medical accidents, product liability and default debts collection. the lawyer governing body tacitly approves the practice of risk representation

    在法律實踐中, 「風險」卻早已存在,尤其在金額較大的身損害賠,醫療事故,產品責任,拖欠多年的債務收案件中,風險成了當事和律師的共同選擇。
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