The Research On Major Problems In Company’s Judicial Dissolution

It’s the first time that China stipulates the judicial dissolution system of company inClause183of Company Law, but the stipulation is too general and adhesive to principle tosystematic operation. The Supreme Court passes the Application concerning the issues of theCompany Law of People’s Republic of China (Ⅱ) on May5th,2008, which offers explanationto the system. It makes up for the inadequacies in clauses, but if we look back the history ofthe case of judicial dissolution of company pronounced by our courts, there are still someflaws and inadequacies of company’s judicial dissolution system in judicial process. Thesebring some troubles to judges. After this enactment, there’s no the law of company’sdissolution law to define company’s dissolution in judicial practices. Therefore, this paperintends to study the disputed problems in judicial dissolution of company and hope to offerreferences in the application of judicial dissolution.The thesis centers on the four major problems in company’s judicial dissolution. The firstchapter proposes the issue of litigant in company’s judicial dissolution. By comparing thetheories on litigant of different countries, we begin to know that litigant of our country is thesubject of the case. Litigant is related to the case with actual rights and obligations; it putslimitations to plaintiff and defendant as well. The second chapter presents the establishment ofdissolution causes in company’s judicial dissolution. Because Company Law has no definiteexplanation to legal dissolution, we need to give one. The third chapter poses the problem ofconfirmation of replaceable dispute. One way is to enforce compulsory shareholding deal, itanalyses three plans for compulsory shareholding deal. The other way is to appoint temporarydirector. The fourth chapter raises the problem of company liquidation after company’sjudicial dissolution. In this chapter, the suit of company liquidation could only be brought upindependently. Our court should remedy the rights of liquidation requested by company andshould not grant this right to other people of interests.