"Company Law of People's Republic of China" has added the article 183 about judicial dissolution of companies. "Where a company meets any serious difficulty during its operation or management so that the interests of the shareholders will be subject to heavy loss if it continues to exist and it cannot be solved by any other means, the shareholders who hold ten percent or more of the voting rights of all the shareholders of the company may plead the people's court to dissolve the company." " The Supreme People's Court of applied the Company Law of People's Republic of China several issues (tow)" ("the several issues about the application of the Company Law(tow)" for short) which had promulgated on May 5 2006,made the issues of judicial dissolution of companies concrete.Before this, the article 183 had been applied by judges focusing on different elements. Judges had being worked out a legal system about judicial dissolution of companies which was more specific and more precision. The paper chooses six cases which had judged before "the several issues about the application of the Company Law" proclaimed. By analysising how to apply article 183, I found the issues of corporate deadlock and shareholders oppression have been deal with by it. It's a breakthrough in judgement, however, this kind of cases would rejected after "the several issues about the application of the Company Law(tow)" in effect on May 19 ,2008, these cases are valuable to guide the judicial practice and legislative improvement.
|