On Some Judicial Dissolving Problems In Companies Of China

Companies and other economic organizations is given the role of civil subject, namely, the legal person by the law. That is because companies and other economic organizations plays an indispensable role in the social and economic life, such as creating job opportunities, promoting social and economic development, enhance social welfare, and their value has been recognized by the human society. Therefore, we can easily understand the emergence and operation of the dissolution system of the company. There are different causes for investors to dissolve the company, so people created a variety of company dissolution system by dissolving companies for different reasons. The fundamental reason for Judicial Dissolution of is that the company takes care of themselves into a serious crisis and produce the company deadlock, leading the company loses social value of it’s existence, and can not achieve the investors’original intention to invest and establish this economic organization. The company and shareholders dispute on whether to continue to maintain the public authority and interfere in the internal affairs of the company, and the legitimacy of such interference has been theoretically argued in multi-angle. Scholars of Judicial Dissolution have carried out some research, both in theory and practice, and based on the previous rearch, this paper carried on further discussion mainly from the theoretical and practical aspects.The system of the court of forcing the dissolution of the company has never been isolated, but is closely linked with other systems, such as the Civil Procedure Law.Therefore, the structure of the paper is divided into three parts:introduction, body and conclusion. The first part of the main boby outlines theoretical knowledge of the court’decision on the dissolution of companies including the concept of Judicial Dissolution of the basic theory, Judicial Dissolution of the value and the meaning of Judicial Dissolution; the second part, from the point of the history of foreign and Chinese judicial dissolution of companies, It survey the Development of China’s court to force the dissolution of the company; the third part, adopt the legal interpretation to understand our company Law and the provisions on this system; the fourth part,the analysis of a number of issues on the court of Judicial Dissolution of company, specifically, including the parties, the conditions for prosecution, trial principles, and the referee way. The statements discussed on this part is in accordance with the specific processes of civil litigation; the fifth part gives an outlook on the improvement of the Judicial Dissolution of company in our country.