Judicial Dissolution Of The Parties Of The Litigation Issues Related To Thinking

At the moment when Company Law of the People's Republic of China was amended,this thesis brings forward a series of procedural thoughts from the perspective of lawsuit litigants,in accordance with the new provision about Judicial Dissolution of a Corporation in Subjective Law.First of all,the nature positioning on the case of Judicial Dissolution of a Corporation and on the request of Judicial Dissolution of a Corporation lays the foundation for the following analysis on lawsuit litigants.Then,from the theory of lawsuit litigants,the provision in Subjective Law is considered in a way of procedural theory in order to make up the shortfall of Subjective Law and make Procedural Law respond to the new provision in Subjective Law.Through simple introduction of two typical real cases,the Introduction of the thesis tries to make people consider the value and significant meaning of the new provision, Judicial Dissolution of a Corporation,and to make people realize that the new provision in Subjective Law is necessary to be responded to from the perspective of Procedural Law.Excluding Introduction and Conclusion,this thesis is divided into four chapters to study the issues regarding lawsuit litigants in Judicial Dissolution of a Corporation.The main contents are as follows:Chapter One "The Premise of Litigants in Lawsuit of Judicial Dissolution of a Corporation-Nature Positioning on Request of Judicial Dissolution of a Corporation":Firstly,through comparison and analysis of legislative models out of the Territory and Taiwan on the procedure of the case of Judicial Dissolution of a Corporation,through comparison and analysis of the case of Judicial Dissolution of a Corporation and features of non-litigation cases,and through comparison and analysis of the request of Judicial Dissolution of a Corporation and features of Civil Suit,we come to the conclusion that the request of Judicial Dissolution of a Corporation belongs to the Civil Suit and should be handled by Civil Procedure.Furthermore,within lawsuit categories,we deny the opinion that request of Judicial Dissolution of a Corporation is Suit for Confirmation and conclude that the request of Judicial Dissolution of a Corporation should be styled as Suit for Change in lawsuit cases through comparison and analysis of the request of Judicial Dissolution of a Corporation and features of Suit for Change.Chapter Two "The Plaintiff in Lawsuit of Judicial Dissolution of a Corporation-Qualified Shareholders":Firstly,support in the theory of Procedure Law has been found for the provision on Plaintiff in lawsuit of Judicial Dissolution of a Corporation in Subjective Law through the introduction of the theory of Qualification for the Proper Party in Civil Law Countries.Furthermore,from the perspective of Interests of Action,we think that it is necessary that the provision of Judicial Dissolution of a Corporation gives the Plaintiff judicial remedy.Chapter Three "The Defendant in Lawsuit of Judicial Dissolution of a Corporation-The Corporation":The shortfall in legislation has been mainly considered and made up from the perspective of Procedural Law,and according to a series of litigation theory,the Corporation should be the Defendant in lawsuit of Judicial Dissolution of a Corporation.However,the other shareholders in the Corporation except plaintiff shareholders should not act as Defendants in lawsuit of Judicial Dissolution of a Corporation.Chapter Four "The Status and Role of the Other Shareholders in Lawsuit of Judicial Dissolution of a Corporation-The Third Party without Independent Claims":Although the other shareholders are not Defendants in lawsuit of Judicial Dissolution of a Corporation,they should also participate in the lawsuit.Although the other shareholders have no independent claims in lawsuit of Judicial Dissolution of a Corporation,they have legal relation of interests with the result of the case and should take part in the lawsuit as the Third Party without Independent Claims,assisting and standing for the Defendant.