Shareholders Request The Dissolution Of The Company System

Freedom of contract between the company as a shareholder of the product, its formation or dissolution should depend on the will of the shareholders.When the shareholder's interests are being violated, the company can not restore equity or dissolution of the company's agreement, the rights have been infringed by various means shareholders should have the right to protect its interests, and ask the court to dissolve the company should be one of the most thorough species.Shareholders request the dissolution of the company is a modern company law on the rights of shareholders is an important system of relief. The system first established in the U.S. and UK case law, after Germany, France, Japan, Korea, the introduction of civil law countries, has been 150 years of history and become the shareholder rights protection system in an indispensable component. New China in 2005,"Company Law" in Article 183 the request of shareholders provides for the dissolution of the company, marking the shareholders request the dissolution of the company formally established system in our country since then, the oppressed, the adoption of the shareholders could justifiably ask the court to dissolve the company to achieve their right to relief, court may also sue for the dissolution of the company out of the case dealing with shareholders, amending the dilemma reflects the company law the company damaged the interests of shareholders after the standoff to care. However, the article is too simplistic, the lack of maneuverability is difficult to reflect the effectiveness of judicial relief and timely. To solve the existing confusion in judicial practice, the Supreme Court in 2008 made "on the application Certain Issues (2)",the explanation of the shareholders request the dissolution of the company to clear the problem. However, in judicial practice still more problems.Therefore, it is necessary to request the dissolution of the company's shareholders to systematically study and improve the system to better serve our country's judicial practice.