The Research On The Chinese System Of Judicial Dissolution Upon The Shareholder's Request

In 2005, a new system of judicial dissolution upon shareholder's request became an important supplement of the new revision of Company Law of the People's Republic of China. This system, which is a crucial missing link of the in-and-out system of company law, offers the final alternative when the shareholder in the company deadlock seeks for the national power. However, it is not only a barrier to the shareholder's right protection in the judicial practice, but also very harmful to the justice and the authority of law when the court and the judge in different regions deals with the cases differently because of the lack of the manipulative regulations, supporting theory researches as well as the practice experience concerned. Therefore, the thesis pays attentions on these problems, parses the legislation text, analyses the judicial practice, and puts forward some proposals, with the intention to reinforce the system in practice.The thesis consists of three chapters.Chapter One, the legislation analysis of the system. According to the analysis of the 183 article of the new Company Law of PRC, the author brings forward an idea that the purpose of introducing in this new system does not mean to protect the rights and interests of the minority shareholders. Instead, it is brought in and geared into the company law system with the focus on forming a complete system framework of shareholders' in and out. Then, the author re-defines and analyses the concept of "Company Deadlock" to demonstrate the significant value of the establishment of this new system. However, every system has its costs and limitation. As a new established system of Company Law of PRC, judicial dissolution upon shareholder's request is probably abused in the practice.Chapter two, the analysis and summary of the judicial practice. The author analyses on the judicial documentation as well as the reports on mess media, which concerned the judicial dissolution cases registered after this system established, and lists the characteristic factors and the problems exists while probing into the reasons. Because the lack of manipulative legislation as well as the alternative system as assistants, the court and the judge in different regions contribute valuable experience and supports to the further legislation with their attempts in the judiciary practice. However, the differences which weaken the dignity of law are to be unified.Chapter three, the reinforcement of the system. Based on the former analysis, in this chapter, the author stands at the court's position and probes into the idiographic aspects of the application of this new system. It is an indispensable system for Chinese shareholders, while in the judicial practice to apply this system, the balance principle and last-resort principle should be followed, and the standards and methods should be unified, thus reinforcing the new system as well as preventing it from being misunderstood or abused.