The Study Of The Litigation Of Shareholders Request To Dissolve The Company

The litigation of shareholders request to dissolve the company is a kind of newcorparate litigatiion cases in china, and some scholars call it as the narrow sense of thecampany judicial dissolution. Before the new campany law was promuigated, thecourt is most taken by the referese is inadmissible or does not support its claim to treatthe litigation. The183th of china’s new compang law formally establishes this system,but it’s very general,so it leads to the behaviors of judicial practice is far from uniform.Followed in2008the supreme people’s court on the application of the company lawof the people’s republic of china of the provisions (two) of judicial interpretationgiven this a more detailed provisions. At this situation, the court has a relatively claernorms in the procedures of the jurisdiction, the register and the parties to detemine.However, the provisions in the following areas are still lacking:the processing of therelevant complaint, the burden of proof allocation, expansion of res judicate, thejudgment execution of malicious litigation, preparedness and relief and the collectionof litigation fees. In western countries, the system of judicial dissolution has the morethan150years of history, so it has accumulated rich experience in reflection andreconstraction of the system and the operation of procedures. Draw upon the usefulexperience, it has positive significane to improve our china’s litigation of shareholdersrequest to dissolve the company.This article includes introduction, body and conclusion. And the body willexplore the litigation in four aspects.The first part introduces the theoretical basis of the litigation. Firstly, it will do anoverall introduction in the concept, the legistation purpose and legal significane to thelitigation. Secondly, it can provide theoretical support for litigation starting from theretionality of expectations dashes theory, relief prior to rights theory and corparatesocial responsibility theory. Finnaly, I will analysis the system by three valuesparts:economic value, social value and the legislative value. The second part makes a brief introduction to other countries and regions of thelitigation, especially the legislation and judicial practice in the united kingdom, theunited states, canada, germany, japan and china’s taiwan region, abd the reference toperfect china’s legislative.The third part will put forword the problems of the litigation, then learn from theexperience of other countries and regions, and propose china’s perfect measures.The fourth part focuses on discussing the issues of civil litigation theory to thelitigation. This is the most innovative part of this article. It will relate to joinder, theburden of proof, res judicate expansion and the enforcement of sentences andrevocation. I would like to provide a more favorable theoretical support for theimprovement of the system of civil litigation theory.