Judicial Dissolution Of The Company's Application Of The Law

When the company has the deadlock(one kind of synchronize "Law of corporation" 183th three situation condition) time,how to the weak trend shareholder's benefit which receives the suppression to carry on the relief,should say that the judicature dissolves the company is one kind of good choice,but is not the best method.Because the judicature dissolves the company to bring the ruinous to the company destruction,will injure to other related main body benefit,must therefore utilize carefully in the judicial practice.In this paper, the author uses the positivism the analysis method,183th was suitable to "Law of corporation" the legal matter to carry on the analysis,unified our country current to be related the legislation,finally proposed consummated our country judicature to dismiss company system's several suggestions,and hoped that this article dismissed the company practice regarding the judicature to have the help.This article divides into the introduction,the main text and the conclusion three parts.In the introduction part,the author first introduced the case simply,then proposed that own ponder,have expounded this article writing goal finally.The main text divides into five parts, the textual material concrete construction is as follows:First,the judicature dismisses company's suitable situation.In our country,the judicature dismisses company's suitable situation to have three,namely "the company management and operation will have the serious difficulty","to continue to last will cause the shareholder benefit to have the heavy loss" and "cannot solve through other ways".Regarding each situation,the authors carry on the analysis first from the meaning,then has carried on the inspection from the practice angle,the author also talked about the judicature in the article to dismiss the lawsuit to present evidence the principle and the litigant proves the responsibility the concrete assignment problem.Second,the judicature dismisses the lawsuit litigant.The judicature dismisses the lawsuit litigant's definite principle as well as they in the legal procedure status question,talked about the plaintiff status limiting condition and defendant's definite question with emphasis.Third,the judicature dismisses company's decision execution.The judicature dismisses the effect which the company decides to have two:Namely the decision causes the company to enter the settlement procedure and the company transforms to criticize the legal person. "Law of corporation" about dismissed the settlement according to our country the stipulation, the author proposed two propositions:Namely the court decision company dismisses when whether one and does solve the problem which the company criticizes and whether can entrust with the company the shareholder to mention the settlement comprehensively the right question,and has carried on the multianalysis.Fourth,the judicature dismisses in the company lawsuit the mediation.In this part,the author thought that must establish the mediation to pass through the procedure,and has analyzed the method question which dismisses it to sue mediates.Fifth,consummates our country judicature to dismiss company system's several suggestions.The author thought that after must set up the judicature to dismiss company's special settlement procedure,the addition judicature to dismiss company's compensation system and to establish the shareholder evil intention lawsuit the guard mechanism.Finally,in the article conclusion part,the author has carried on the summary to the full text,thought that must exhaust the company interior relief measures first,only then has the suitable judicature to dismiss the company system's necessity,by is balanced all quarters main body the benefit,display system's positive role maximum limit.