Judicial Dissolution Of The Case Conditions And Judgment In Accordance With The Study

The company as an enterprise legal person, the end of its life can not only be voluntary, such as the limited liability company resolves dissolution, May also involuntarily, such as by law to cancel its business licence, etc. The newly revised law has been added in a new to dissolve the company, namely the court to declare corporate life end - judicial disbanded. Judicial dissolution has been called the court ordered disbanded, refers to the company's purpose and behavior violates laws, public order and good customs and so on, can according to legal provisions in the order the dissolution or when the company business significant difficulties, major damage or gridlock between the shareholders, According to the shareholders application, the referee judge the company is dissolved. This new rule is favorable to timely and end at high state of the company's assets, reduces the risk of investment, avoid shareholder in the company of an impasse. However, because the company is dissolved to shareholders or the interests of the company, and therefore has a great influence on the dissolution of the applicable law of judicial also set extremely strict conditions, namely must is the business management serious difficulties, the company continues to exist to the interests of the shareholders will cause severe damage, in addition to dissolve besides there are no other ways can solve the difficulty in production and management, the court will likely be ordered to dissolve the company. With the new "law of corporation" the revision and judicial interpretation of releasing, some small and medium-sized limited liability company because appeared "company law" the first 183 rule after reason to court for the cases to dissolve the company show ascendant trend, as a member of the business divisions in contact with some cases, it is concluded that the court after accepting the company law in accord with the first article 183 of corresponding provisions and request the court to dissolve the company, under the situation of the court's decision basis and the trial process application basis not only confined accepting the condition, but the comprehensive company a panoramic view of the development of consideration, consider not only the company existence value, also takes into account the company staff development space, also considering shareholders'legal rights and interests of the immediate maintenance, and ultimately whether to dissolve the company, the court trial results is to guarantee the shareholders'vital interests, but also guarantee the existence of mesh and value of the company, the company namely, shareholders, employees, creditor etc the interests of a third person get maximum security premise is dissolved or reject or mediation.Through in the judicial practice met real cases, already affirmed the judicial dissolution institution in breaking the corporate deadlock when giving the relief way, thus maximum protection company medium and small shareholders and other stakeholders interests, fully embodies the its significance and value. And through trial practice encountered in the related issues, searching out as a referee judicial ruling according to its dissolution of accepting the condition that should be paid attention to distinguish and its significance, the article emphatically discussed through the analysis of the maintenance shareholders' legal interests and rights and enterprise maintain theory in judicial dissolution on the question of the values conflict with persistent characteristics。In the future, we hope judicial practice on judicial to dissolve the company meet again in both cases can maintain the legitimate rights and interests of the shareholders, and maintain the company's existing value aspect to obtain win-win.