Research On Legal System Of Shareholders Request Dismiss The Company Through Judicial Proceture

Prior to the amendment of the PRC Company Law, there was no remedy set forth to release the minority shareholders out of the deadlock of limited liability companies, and therefore, when the shareholders resume to the court for remedy, they are normally refused thereby upon the non-existence of stipulation of relevant statutes or upon the violation of the prohibitive provisions of the law, which makes the shareholders of limited liability companies the prisoner of their own capital contribution and stuck in the company. Article 183 of Company Law, which amended in 2005, sets out the system.This article fills the vacuum in legislation governing Deadlock of corporate management and abuse of shareholder's rights by controlling shareholders and opens the door for cases relating to deadlock of corporate management. However, this one single provition is too general and principle, which is in lack of feasibility. Fuethermore the court is faced with a daunting task of dealing with these cases due to the fact that Company Law was amended just a short time ago, rules of judicial dissolution of company have some loopholes, and relevant procedural rules are lacking. The legal rules of judicial dissolution of company still fall short in China.To solve the problems, through employing analysis method of comparative law, learning from the legislation experience abroad and applying to the factual situation in our country, the writer finally proposes the detailed assumption of establishing corporation judicial dissolution law and hopes that it can help China with the development and improvement of rules of judicial dissolution of company.The article from three parts to the shareholder requested dismissed the company to sue the question to carry on the discussion. The first part studies the theory basic of the shareholder to request dismisses the company . The second part to the domestic and foreign shareholders requested dismisses the company to carry on the comparative analysis. The third part links to country reality, and profits from the overseas procedure, to constructs our country shareholders to request dismisses the company, this is the key point of this article. After the comparison inspecting, the writer outlines our country shareholders to request dismisses the company system frame.