The Company Judicial Dissolution System Research

Given to the specific subject under certain conditions based on the specific subject matter of the right to apply to the court to dissolve the company, which is almost common practice for the protection of the main interests in the advanced foreign company legislation. The company judicial dissolution system in foreign countries has a history of1.5century, but by our company legislation is only in the last few years. Under the reality of the existence of a large number of cannot solve company deadlock, China’s current" company law" in practice and theorists continue to call the case carefully introduced the company judicial dissolution system.Lawmakers in the company law in our country stipulates the system of judicial dissolution of company, this is a right choice undoubtedly, but both in form and content of speaking, China’s current" company law" provisions are too narrow, fuzzy, general practice, interoperability is not strong, to the judicial practice, cause a lot of confusion and inconvenience in practice, even the court verdict, in such cases when the final results of a wide variety, serious damage to the judicial impartiality and authority. Although the Supreme People’s Court issued" Regulations (two)", for the court of judicial dissolution of company case provides clear guidance, however, the current" company law" itself limitations restrict the judicial interpretation of the provisions, resulting in China’s judicial dissolution of the company as a whole remains inevitable shortcomings. Therefore, the system of judicial dissolution of company to undertake concrete analysis appears particularly important.This paper is divided into three parts, including introduction, text and conclusion. This paper consists of four parts, the conspectus of judicial dissolution system of enterprises, the study of judicial dissolution system of enterprises in comparative law, the legislative status and legislative analysis of judicial dissolution system in our country and the specific improvement of the company judicial dissolution system in our country.Introduction is mainly introduced the significance of this study and scholars on the system of judicial dissolution of company research.The first part is the conspectus of judicial dissolution system of enterprises. Through the interpretation of the concept of the judicial dissolution, accurately understanding company judicial dissolution institution, reframed the research scope; through the elaboration of the system established by the realistic necessity to prove as an ultimate remedy, judicial dissolution of corporation system to guard against and break the deadlock of Corporation, the guard company compression behavior and relief was against the small shareholders interests and protecting the public interest has the vital significance.The second part of the text is the study of judicial dissolution system of enterprises in comparative law. Through the comparative study of foreign legislative perspective, the author found that two big legal system country on the company judicial dissolution system regulations have common trends, such as distinguishing method of judicial dissolution of corporation and private law of company judicial dissolution; under a wide range of applications for judicial dissolution of the company; provided various forms of alternative remedy measures; provides for malicious litigation defense measures.The third part of the text is the legislative status and legislative analysis of judicial dissolution system in our country. The company judicial dissolution system in our country has gone through a scratch and need further improvement process. The existing company judicial dissolution system still exists many problems:the dissolution of the request the court to narrow the company’s main provisions; sufficiently broad subject matter of the request the court to dissolve the company; the absence of malicious litigation defense mechanisms, the provisions of the alternative relief measures, vague, not specific.The fourth part of the text is the specific improvement of the company judicial dissolution system in our country. Aiming at the lack of legislative regulation, the author puts forward the following suggestions on legislation, in order to perfect our system of judicial dissolution of company. First, regulation of public law of judicial dissolution of company judicial dissolution of company, clear request right and dissolution. Second, expand the law meaning of the judicial dissolution of the company scope. Third, the court in the trial of cases of judicial dissolution of company should pay attention to mediation, but should not be regarded as company dissolution Lawsuit Mediation Necessary procedure. Fourth, to establish the malicious lawsuit punishment mechanism. In fifth, the perfect alternative remedies measures.The conclusion is the last part of the thesis, aims to summarize.