Studies On The Judicial Dissolution Of A Company Of China

As an effective tool in capital centralization, company plays an important role in promoting the concentration of means of production, labor force and intellectual property, corporation therefore is considered as a greatest creation of modern industrial revolution, as well as steam engine. Win-win cooperation is the most basic conditions for the existence of company; especially for limited liability Company which is built on the basis of personal trust. However, within a company, there are interest conflicts as well as same interest, when the corporate governance mechanism and other relief measures are malfunction and conflicts out of control, company defeat the purpose and lost its existent meaning, the only choice is to disband the company. As a last mean of right relief, judicial dissolution plays an important role in the company system, but before the promulgation of the new Company Law, the court generally hold the attitude of not accepting or not supporting the proceedings for the dissolution of company. After the publication of the new Company Law, as well as further judicial interpretation, our country's dissolution of judicial system is established, but the same time, article 183 of Company Law and its judicial interpretation is too general for the dissolution of company, resulting in certain difficulties in application. Several related cases were in this paper to analysis and discuss the system of judicial dissolution of the Company Law, and further put forward some suggestions for improving the system of judicial dissolution, in the purpose of providing some useful reference to solve similar cases and improve legislation. This text is divided into three parts:In the first part, company judicial dissolution institution relevant cases were raised; In the second part, summarized the judicial dissolution, by introducing the characteristics of closed company, clarified the principles that judicial dissolution should follow; In the third part, utilized article 183 to illustrate the applicable standard of judicial dissolution system; In the fourth part, proposed some suggestions for improving the judicial dissolution system of Company Law.