The Case Analysis Yang’s Appealing For The Judicial Dissolution Of XX Chemistry Company

The system of judicial dissolution of company comes into use as the biggest fruit ofsystematic adjustment since the issue of Company Law. It serves as the final judicialrelief bestowed to the creditors and shareholders under the circlestances that there areno other useful way out when there exisis serious illegal practices which do ill to theinterests of the creditors or disputes among the shareholders and directors.Accordingto the system, the presupposition of any judicial decision of company dissolution isCompany Deadlock,that is,whether the company has been in deadlock,whether themanaging of the company is in trouble,whether there is no other way out.As thedefinition of Company Deadlock in Company Law is not so clear, people differ on thestandard and proof of Company Deadlock in specific cases and judicial decisions.Someinsist that: in case of LLC, the court, to grant any request of dissolution, should takeinto accont humanity joining along with capital joining. Meanwhile,some take theopinion that capital joining should be taken as the basis of human joining and abilityto continue in economy, the reference, whether before the conflicts or in the lawsuit.No existence of humanity capital leads no conclution that the continual existence ofthe company can do great damage to the capital or the company is already in deadlock.This essay starts with a comparative annalysis of the two courts’decisions in the case“Yang’s appealing for the judicial dissolution of××Chemistry Company”.The firstpart includes a brief introduction of the case and the judgement,the reason andbackground of disputions from macro perspectives and the focus of thedisputions,which leads to the point and theme to be illustrated. The follwing part is theanalysis of the three standards of the183th article in Companty Law and the discussionof the validity and rationality of the three standards taken by the court and conclutionof them one by one in line with the active law. In view of the problems raised up inthis case of the applicability of the system, the essay ends with judicial andlegislative proposals on judicial dissolution of company, in hope of its perfection inpractice.