Reflections On The Judicial Dissolution System Of The Company And Judicial Renewal

《Company Law Of The People’s Republic Of China》(revised in 2005) provides for a company dissolution system for the first time, which aims to strengthen corporate governance, increase efforts in protecting shareholders’ equity. The article 182 of the existing company law provides for the shareholder request the Court to dissolve the company’s condition, but also the Supreme People’s Court against the dissolution of the company in 2008 to make "provisions on certain issue concerning the application of the < Company Law Of The People’s Republic Of China>(II)" on the dissolution of the company disputed the admissibility conditions and recognized standards for refinement. In order to truly reflect the company dissolution’s operation, this paper collected 278 parts of the company dissolution’s judgment documents which were accepted by the court of the Sichuan province during 2009 to 2015,started analysis based on empirical points, with the typical cases, used the basic theory of dissolution of the company to analyze the company’s operating serious difficulties, the company reaching an impasse and otherwise relief not getting, and then found there was no trial practice standard of the company dissolution, so it resulted in different applicable standards and the referee instrument. In this paper, it was argued that a company dissolution system was to protect the interests of minority shareholders as the starting point of the relief system, but also not at the expense of the interests of other shareholders and the company. Therefore, when the dissolution of the company in the legislative and judicial interpretation system is perfecting, it is needed to continue the trial practice built judicial renewal to achieve unity referee scale and a balance of interests of the parties.