Study On The Dissolution Of The Company's Judicial System

It is an essential function of modern corporation system to protect minority shareholders' interests. It is general to entitle shareholders to ask the court to judge a company's dissolution at an especial condition in legislation at almost all countries which have market economy. The Clause 183 in the revised Corporation Law in China regulates clearly the company's dissolution system. On May 5^th 2008, Regulations on Some Problems in Implication of The People's Republic of China's Corporation Law II was passed by the Supreme Court. It solves the problems which had incurred since the relative clauses were too simple, meanwhile it is very timely and pertinent. However, there are still some shortages in such a dissolution system, no matter in substantial law or in procedural law. Moreover, it is hard to keep the balance between company's self-government and jurisdiction power for judges, so as to make the Corporation Law run effectively and impartially. It is necessary to learn the judicatory trial experiences from the West.This article aims to explore the theory basis of corporation dissolution system by analyzing The Clause 183 in the Corporation Law, in means of researching history and literature. By comparative research, it reflects the status quo and existent problems, points out the shortages in legislation in China, and uses relative systems in other countries as reference to consummate the corporation dissolution system in legal dissolution reasons, qualification of litigants, distribution of onus probandi and litigation recovery measures. At last, it points out some problems which should be paid attention in judicatory practice and analyzes corporation dissolution in judicature by researching cases, so as to control the judicatory power running in the reasonable range and make judges enjoy their power of freely judging.