On Our Shareholders Request The Dissolution Of The Company V. Legal Construct

Fairness and justice are the chief objective of law in all ages. However, if they cannot be attained in the proceedings, the promise of fairness and justice would be illusory ambitions. For this purpose, we must pay great attention to this objective in legislation and judicature. Authorizing the minority shareholders the right to bring a lawsuit is the most effective redress for protecting their interests. It can prevent the controlling shareholders from abusing their power and establish effective prevention mechanism.The provisions on judicial dissolution of corporation by shareholders in new Corporation Law of PRC are great harvest in the field of protecting minority shareholders' rights. However, for perfecting the whole system, mature theory is in great need. So it is still imperious to construct the system in substantive and procedure perspective. This paper wants to probe into constructing and perfecting the system running judicial dissolution of corporation by shareholders. The paper mainly contains the following parts: the theory background of judicial dissolution of corporation by shareholders, the value of judicial dissolution of corporation by shareholders, foreign legislature and judicial experience and the constructing of the whole system of judicial dissolution of corporation by shareholders. I hope my paper will benefit the legislation and the judicial practice to some extent, and help the shareholder to exercise their rights exactly.The chief objective of constructing the system of judicial dissolution of corporation by shareholders is to balance the interests of minority shareholders, other shareholders and the corporation. So it is very important to find a fair and reasonable solution. When constructing the system of judicial dissolution of corporation by shareholders, I have been questing for the theoretical and practical support to attain this balance.