System Of Judicial Dissolution Of The Company

The judical dissolution of corporations, as a withdrawal machnism for a company in corporate deadlock, is very critical to the shareholders, creditors and society. In2006, China’s revised Company Law has introduced this system to provide judical reference for solving the corporate deadlock. But due to lack of manipuility, this general instrument could not meet up with the fast growing lawsuits about judical dissolution. The following Judicial Interpretation Section II on the Company Law has made some complementary regulations. However, comparing with mature systems from oversea developed nations, China’s judical dissolution system is still very much in its infancy, while more and more related issues are still needed to be complemented by academy theoritical research and judical practice. This dissertation is trying to analyze and compare the advanced oversea and China’s judical dissolution systems, shooting at the defects in legislation and judical practice, to anticipate ongoing complementation of China’s judical dissolution. This thesis consists of three parts:introduction, the main content and conclusion. The main content has four chapters.The first chapter mainly introduces the concept and characteristics of the company judicial dissolution, the legislative value of the company judicial dissolution system, and the negative impact of the company judicial dissolution system.This part is the basis of the dissertation, providing groundwork of legal theory for the following chapters. The second chapter is the Judicial Dissolution of the Company’s analysis, pointing out the problems. The third chapter is the comparison and evaluation of foreign companies dissolution of the judicial system, to build and improve our company dissolution of the judicial system has significant value. The fourth chapter focuses on the Problems of Judicial Dissolution to put forward a number of comments and suggestions to improve the system.Although in this paper, the author hope that through their own efforts can contributed to the building of our company judicial dissolution system a meager force, however, due to my knowledge and energy is limited, in the resources collection, the basic content of the paper, the use of research methods, and the choice of the law language there are still many deficiencies, looking forward to a comment by teachers and scholars.