Judicial Dissolution Of Companies Deadlock Mechanism

The Company Law of the People's Republic of China has been amended and come into force on January 1,2006. In accordance with Article 183'Where there are serious difficulties in the operation of a company and the company's continuance will definitely cause significant losses to shareholders'interests, however, such scenario can not be solved through other channels, then, shareholders representing 10% of all the votes may request the people's court to dissolve the company'. This article establishes the provision on judicial disbandment formally at the first time that fills the scope of the provision on judicial disbandment of our country for the long time. It is very good for the sustainable and healthy development of social economy. However, it is somewhat regrettable that the provisions on the judicial disbandment in Corporation Law are very general, vague and no-operational. Is not conducive to play the function of the judicial disbandment as the way of judicial relief effectively. It makes sense to research how to enhance the provisions on the judicial dissolution. Generally speaking, the thesis includes four chapters besides the introduction and the conclusion. Chapter one is the introduction and analysis of corporation deadlock and judicial disbandment. It introduces the theories of corporation deadlock and judicial disbandment and explains the necessity and importance of that. Chapter two is about judicial dissolution of some countries and regions and analysis the legislative examples of judicial disbandment. Chapter three introduces the status and problems of our country's judicial disbandment. Chapter for is about how to perfect the program of judicial disbandment. At the end of this thesis is epilogue which is the summary of all theses and the suggestion about how to perfect the program of judicial disbandment better.