On China's Right To Dissolve The Company To Shareholders

The company is a free offspring of the shareholder contractual, whose establishment or dismissal should be decided by the shareholder, when the small shareholder's rights is violated, the company can't recover the shareholder's rights or the shareholder follow the fair justice principle to litigate and claim to dismiss a company when dismissing the company to become pleasing, it is a necessary for maintaining self interests and building up guard mechanism which preventing the big shareholder from abusing power .New ((company law)) have the meaning of the milestone for the provision which the shareholder claims at dismissing the company litigation system on the legal system history, this system has already lasted for a hundred years at abroad, however, it is just started to use in our country, and still needs to be further developed and be perfect, also to be guided by the mature theories. There is an important instruction meaning to the judicatory fulfillment, which is due to build up system litigation theories of which the shareholder claims at dismissing the company. This text focuses on the litigation system of which the shareholder claims at dismissing the company right, analyzing the theories foundation of institution and studying its function value, there is a comparative analysis between the shareholder dismisses the company power and the shareholder protects other right, and there is a comparative analysis between the lawmaking presen condition and judicatory practice of the related nation and region , the end of the article builds up an entity and frame of procedure for the shareholder dismisses the company. It is the last succor measure to dismiss the company for the medium -small shareholders, and it is also a kind of helpless choice of the shareholder , owing to have right theories instruction when it is severely used, this text tries to make some quests in this aspect in order to provide some reference for the judicatory practice.It is needed to comprehensively consider and overall analyze on the concrete usage of which the shareholder claims at dismissing the company system , it is not only not to limit the protection of the shareholder rights, but also to prevent from abusing the creation of lawsuit, also need to prevent from the opportunity of a bad person which holding of the others for motive, this text suggest that trying the best to look for a balance point and look for a solution of fairness and justice between the protection of the individual shareholder benefits and the maintenance of the company while use this system.