A Study On Construction Of The Corporation Judicial Disslution System

The Judicial system is a modern company law on the dissolution of a very important shareholder rights remedies, reflecting the state judicial power of the internal self-government involvement and intervention. The system first established in the jurisprudence of common law, civil law countries is then introduced and improved to today's travel history over 150 years, have become an important shareholder right to relief system components. Freedom of contract between the company as a product of the shareholders, the establishment, alteration or dissolution should depend on the wishes of the shareholders so. When the shareholders in the company's rights are being infringed, the firm can not restore equity to reach consensus or dissolve the company, the rights have been violated by the shareholders should be entitled to all remedies to defend their rights, apply to the court, ask the court to dissolve the company through the statutory procedures is a way of relief. China's "Company Law" Article 183 states:"serious difficulty in company management, shareholders will continue to exist subject to significant losses, can not be solved by other means, all shareholders holding more than ten percent of shareholders voting rights, can request the people's court dissolve the company, "which marks the introduction of judicial dissolution of the system in our company official has been established. The establishment of this system to solve the current treatment of the people's court cases, no legal basis for the dissolution of the company justice dilemma situation, reflects the company law of the company after the deadlock against the rights and interests of shareholders protection. However, due to historical and practical reasons, which provides very simple and broad, too obvious lack of application of the principles of the operability, both for the parties doubts but deeply embarrassing to the judge, on the one hand led to the loss of the other shareholder rights On the one hand but also to bring the judicial practice a certain degree of confusion and difficulties. In view of this two thousand years of judicial interpretation of the provisions of the above aware of the problem, the "Company Law" Article 183 further made specific application of the provisions of:the company more than two years can not continue to hold a shareholders meeting or general meeting of shareholders, company management serious difficulties; shareholder voting beyond the official or the proportion of the articles of association, continuing more than two years can not make a valid meeting of shareholders or the shareholders of General Assembly resolutions, the company serious difficulties in operation and management; chairman of conflict, and can not shareholders meeting or general meeting of shareholders resolved, the company serious difficulties in operation and management; operation and management of other serious problems occur, the company continues to exist would be a significant loss of shareholder cases. The judicial interpretation of a change in the original provisions of the abstract, in principle, be more specific, but there are still some problems. The dissolution of our judicial system that was not very mature, very different from the judiciary in the application of the law, but also face many difficulties, to protect the rights of shareholders to bring a very great difficulties. In the final analysis is difficult to reflect the effectiveness of judicial relief and timeliness. Also, because the major shareholder of repeated abuses of power, the rights of minority shareholders and the company's operation maintenance management situation is very worrying. Our judicial system for the dissolution of the legislative and judicial practice situation, this article through a case of discussions on the current mechanism for withdrawal of the company to reflect the confusion and defects found Judicial Dissolution of the shortcomings of the system and lead to the abuses, while China's current judicial dissolution of the Company Law provisions on the analysis, given the company the world the concept of judicial dissolution of their characteristics, and then dig out the company's value function of judicial dissolution of the system and theoretical basis for judicial dissolution of the company described the conditions of application of judicial dissolution of the system by foreign companies comparative study of how the proposed dissolution of the judicial system of the company to further improve the proposed legislation.