The Company Judicial Dissolution System Research

Judicial Dissolution system based on the UK, nearly a hundred years the evolution of the two legal systems of the major developed countries as an important corporate system in the company laws. Judicial dissolution of the so-called company refers to the court involved in the dissolution of the company disputes the request of the proper subject, according to company law, to the referee in accordance with the law to force the dissolution of a judicial process, it is usually passive, legal finality basic features. Judicial Dissolution of a double-edged sword, it improved the shareholders’ exit mechanism to provide effective judicial remedies for shareholder rights protection, but because of its mandatory and non-recovery, when abused loss is devastating to the company and shareholders the. Therefore, countries in the system building and judicial practice to establish some basic concepts and principles necessary to prevent and punish system, improve the alternative measures in order to maximize its institutional function.2006, "Company Law" for the first time the provisions of the Judicial Dissolution, which is a big step forward for our country to improve the company legislation, but also learn from the advanced experience of foreign countries to solve the successful exploration of the judicial practice problems. While China’s form of legislation to establish a Judicial Dissolution of the system, but affected by many factors, many of the urgent need to improve. This paper attempts to the basic theory and principles of the system through research and analysis, two legal legislation, combined with our legislative, judicial status quo, drawing on the useful advanced experience of foreign judicial dissolution of the system for Improving Corporate advice and opinions.