The Study Of Company Judicial Dissolution System

Company judicial dissolution system is one of the most important modern company systems on the rights of a shareholder relieves system, is the last barrier to protect the rights of shareholders, is also an important part of judicial relieves system. Its essence is that a public authority intervenes the private authority appropriately, to maintain a balance of interests. This system was first established in the case law of United Kingdom and the United States of America, and then confirmed by other countries, such as Germany, France and Japan. This system enjoys a 100-years history and has become an indispensable part of protection system of shareholder rights. The new Chinese Company Law, which came into effect on 1st, Jan 2006, introduced the system of judicial dissolution for the first time. Art 183 of the law definitely prescribes that shareholders can bring a suit of judicial dissolution of a company on statutory situations, and marked the establishment of company judicial dissolution system in China. The establishment of such a system drives the people's court out of the predicament of no rules to follow when dealing with such cases as to dissolve the company, which reflects the protection of Company Law on shareholders in the deadlock of company. However, it is too simple to be applied in the judicial practice. And then the relevant judicial interpretations are promulgated, although it improved the company judicial dissolution system to some extent, there are some problems to solve in practice. Therefore, it is necessary to carry out a systematic research on judicial dissolution system of the company an then consummate it with a hope to a better serve for our judicial practice. The thesis consists of the preface, the body and the conclusion. The introduction introduces the system of judicial dissolution of company and the problems we need to improve through the description of the history of Company Law. The body is composed by four parts. The first part describes the basic theory of the company judicial dissolution system, including the concept of company dissolution, the types of the company dissolution, the comparison of judicial dissolution and other types of company dissolution and the feature of the judicial dissolution. The second part introduces the development status of Company Law in our country, including the new Company Law and the judicial interpretation about applying to the new Company Law, and analyses the problems existing in judicial practice. The third part is to review the legislation of company judicial dissolution and use the experience of other countries for reference. This part mainly describes the provisions of the foreign countries about company judicial dissolution system, by the way of differentiating the character of the company judicial dissolution. The forth part is to put forward suggestion for bettering company judicial dissolution system. The main content consists of five aspects, including the improving of the ground of judicial dissolution, the improving of the alternative remedies to judicial dissolution, and so on. The conclusion is to make a summary of the whole thesis, and except these suggestions to be helpful in the development of company judicial dissolution system in our country.