The Shareholders Request The Dissolution Of The Company V.

The company took between the shareholder the freedom of contract product, its establishment or dismisses must be decided by shareholder' s will. When shareholder's is encroached in company rights and interests, the company cannot restore the shareholder rights and interests or dismiss when the company forms meets one' s satisfaction, the rights and interests suffer the violation the shareholder must be authorized through each relief way to defend own right, mentions dismisses the company to sue is provide reliefs in the way one . This article on will revolve the shareholder to request will dismiss the company to sue this question to launch, from the shareholder requested dismisses rationale analysis obtaining which the company will sue, and from the comparison test angle of view inspection overseas relatively mature legislation and the judicial experience, finally for dismissed the company to sue has built an entity and the procedural skeleton. Hoped the author can for the legislation consummation, the shareholder exercise the right of suit, the court suitable processing case correctly diligently disputed provides the trifle the reference.The wooden article from three Fang Er to the shareholder requested dismissed the company to sue the question to carry on the discussion.The first part studies the shareholder to request dismisses rationale which the company sues. Mainly from the concept, the basic nature, the legislation goal, produces the agent and so on to analyze the shareholder to dismiss the request power the connotation, then fails angles and so on theory from the anticipation benefit, freedom of contract theory seeks the shareholder to request dismisses theory support which it sues; Finally, to the shareholder requested dismissed suing of the company to provide relief the measure - shareholder with other shareholders to derive the lawsuit and the compulsion purchase stock has carried on the discrimination.The second part to the domestic and foreign shareholders requested dismisses the company to sue the legislation condition to carry on the comparative analysis. First to the British and American legal system, the mainland legal system, the Hong Kong and Taiwan area requested dismisses the company to sue the legislation condition to carry on the introduction, and summarizes. After analyzes our country shareholders to request thoroughly dismisses legislation flaw which the company sues, seeks the overseas legislation experience to our country shareholder to request dismisses the company to sue the system construction the enlightenment.The third part links to our country reality, and profits from the overseas procedure, to constructs our country shareholders to request dismisses the company to sue proposes the concrete conception. This is this article key point. In after the shareholder requested dismisses the company to sue carries on in the comparison test the inspection, outlined our country shareholders to request dismisses system frame which the company sued, namely was clear about the shareholder to request the jurisdiction question, the lawsuit main body, in the mediation question, whether to other relief measure feasible judgment, the lawsuit which dismisses which the company to sue the legislation objective, the suitable condition, in court trying must pay attention preserves the measure and maintenance business. Finally proposed should consummate the correlation necessary system, establishes the settlement system, dismisses the registration system, pays attention to the creditor benefit protection, prevents malicious lawsuit and so on. The author believed that, this system construction is solves our country shareholders from the root wood to request dismisses the company to sue in the theoretically puzzle and the practice chaotic idealism way.