A Study On Company Judicial Dissolution Institution

The main duty of modern company is to guarantee the rights and benefits of small and medium-sized shareholders. And it is the general principle of company judicial dissolution legislation in almost all the market economic countries. The revised company law of the People' Republic of China, aiming at meeting the practical needs, has made the company judicial dissolution system clear. However, there are still come disadvantages resulting from insufficient theoretic study and legislative techniques. Therefore, it is of vital importance to refine the legislative system of company's judicial dissolution by reconstructing the entity law and procedure law.In the sight of shareholder's suit to dissolute company, this thesis researches on the company judicial dissolution institution. Besides the preface and the concluding remarks, this paper consists of three parts. It consists:The preface introduces the origin of choice the thesis and sums up the existed thesis in present. On the basis, the paper defines the scope of this thesis. Then, it introduces the methods of research on the thesis.Chapter 1 is the analysis of judicial dissolution institution. Shareholder is one of body to have the right to claim for dissolute company. It has the character that has the specific subject, is passive in the procedure, informal in decision, the termination in relief and two aspects in benefits. The rationality of judicial dissolution is that it can fill up the corporate contract "Loopholes", ensure the benefits of shareholder, maintain the shareholders in good faith. Judicial dissolution is benefit to break the company deadlock, protect the rights of shareholders and the regulation of company.Chapter two mainly compares and analyses foreign company legislative judicial dissolution system. Here, the writer focuses on such aspects: the order and court decision, the subject, the petition reason of the company judicial dissolution and protective measures of malicious litigation.In chapter 3, the writer, on the one hand, approves the importance and effects of the judicial dissolution system in the revised company law. And on the other hand, he also makes some comments on it. It has a lot of problems.In chapter 4, then it suggests perfecting our country company judiciary dissolving the system measure. Specifically for the problems of our country judiciary dissolves system, the article have brought forward concrete perfect measure, such as perfecting legal dissolving the origin of an incident stipulates, perfecting stipulating, perfecting the dissolved regulation relieving measure of the contesting party and so on..