Research Of China’s Company Dissolution System

With the rapid development of our social economy, as one of the major civil liability,company faces the problems that are constantly emerging, lots of company relationshipsneed legal regulation urgently in practice. The new PRC Company Law confirms thecause of company dissolution, it fills in the blank of Company Law’s companydissolution system, it confirms that jurisdiction power replace administrative power todeal with company’s liquidation matters from the perspective of legislation, which alsoprovide the fundamental system guaranty for the interest of the shareholder in system.But the comprehension and specific judicial operations of this legal norm always comeout some confusion and disagreement in judicial practice, it produced a series of negativeeffects to judicial fairness and effectiveness, such as at the legislative level, facing thesituation of the failure of company’s operating mechanism, how to seek for judicialremedy, the company how to dissolve; Who and where can advocate to dissolve, and onthe basis of which procedure to dissolve, and so on, on the level of legislation andjudicial interpretation both lack of specific and effective operation specification, all needscientific solution from the theory and practice. So we should strengthen the study ofcompany dissolution system in our country, the perfection of company dissolution systemin China’s corporation law has become a pressing social issue, which urgently need to besolved.Firstly, using deductive and historical literature analysis method, described the basiclegal system of the company dissolution, based on practice, expounded the necessityand importance of perfecting the system of the company dissolution of our country;Secondly, with the study and compare, according to the legislation practice of the twodifferent countries‘company dissolution system, making a comparative analysis, baseon the comments, summarized the contents that can be worth learning under the reasonof request company dissolution the range of subject of right of claim and the defensemechanism of malicious prosecution and so on; Then, analyzes problems of the current company dissolution system and the substantive defects and procedural defects of thissystem with case analysis and combine to the justice practice of our country’s companydissolution system; Finally, taking a specific content design to perfect our country’scompany dissolution system with using legal theory. In order to perfect the companydissolution system and come up with the reference opinions and content of the legislativeor judicial interpretation, so make a clear explanation for the reason of dissolution legaleffect of company dissolution company dissolution right and procedure of companydissolution etc.