The Company Judicial Dissolution System

The present thesis is intended to study the company judicial dissolution system. The company judicial dissolution according to the claim of the relation person of the company and the particular national organization, the court hears the case by law, sentences to dismiss a company compulsory when the company appears certain situation. The research of the company judicial dissolution system shows the important of the company judicial dissolution system to the company law, perfecting the disadvantages of the company judicial dissolution system and the application of the company judicial dissolution system in our country, which can maintain the benefits of the company related body better and achieve the balance of each side's benefits.The thesis consists of the preface, the body and the conclusion. The body is composed of three parts: the overview of the company judicial dissolution system, the contrastive analysis of the company judicial dissolution system and the review and the legislation perfection of the company judicial dissolution system in our country.The preface mainly describes the context and significance of this thesis, the research contents and the research methodology. The research methodology consists of the historical analysis, the contrastive analysis, positivism analysis and benefits measurement is employed to study the company judicial dissolution system.The first part of the body is to investigate the background of the company judicial dissolution system. Makes a definition of the company judicial dissolution, analyzes law characteristics of the company judicial dissolution, and points out that the essence of the company judicial dissolution is to make sure the shareholder petitions national rights carry on the judicatory intervention which is a method of judicatory of withdraw the company for the shareholder, thus safeguard their interests when the shareholder autonomy falls through its purpose. The trend of the legislation of the company judicial dissolution system is to protect the public benefits of the society and the interests of minority shareholders, breaks the company deadlock, and perfects the company dissolution system.The second part of the body contrastively analyzes the company judicial dissolution system. Make an investigation of the company judicial dissolution system through comparative method. The author finds the legislation of company judicial dissolution system all round the world presents a following common trend: Firstly, the company judicial dissolution system distinguishes the judicial dissolution procedure with the public and private laws significance. Secondly, treats the litigation of the company judicial dissolution carefully. Thirdly, prevents from the litigation of the judicial dissolution with hostility purpose. Fourthly, keeps the property intact of the involved company and maintains the business of the involved company.The third part of the body is composed of the review and the legislation perfection of the company judicial dissolution system in our country. The article 183 of the new Company Law on the provision of the company judicial dissolution system is too principle, there is a lack of operation in the judicatory practice. The company judicial dissolution system is too controversial in the judicatory practice. Taking the case study of dissolution lawsuit of the company Chuangwotai as an example, the present thesis analyzes the difficulties of applying the company judicial dissolution system in our country: the difficulty of making sure the accused of case, the standards that judges the company deadlock, and the feasibility that the verdict of dissolve the company apply for compulsory execution. Taking into account the shortages of legislation and the difficulties of applying the company judicial dissolution system in our country, the author puts legislation advices forward to perfect the company judicial dissolution system in our country. Firstly, the company judicial dissolution procedure with the public law significance should be established. Secondly, the company judicial dissolution procedure with the private law significance should be constructed. Thirdly, the principles of applying the company judicial dissolution system are also put forward. Fourthly, a defensive mechanism to prevent the abuse of the company judicial dissolution litigation is established as well. Fifthly, set up the substitutive method of the company judicial dissolution--purchase shareholders'rights compulsory. Sixthly, as for the involved company, the mechanism of keeping company property and maintaining company business is established.The final part of the thesis is the conclusion which is, intended to make a summary of the whole thesis.