The Case Study Of The Judicial Dissolution Of Company

The dissolution of the Company judicial system in the United States, Japan andother countries have long developed and it more mature。in2005, the newly amendedCompany Law of China’s Article183provides that the rights of shareholders enjoyfiled an action for the dissolution of the company。" This is the first time that ChinaCompany judicial dissolution system introduced it into our legislation, shareholdersget relief under the state of corporate deadlock,。It has a very important significancefor the dissolution of the company to make up and perfect the original "CompanyLaw" system.But because of its fuzziness and general rules,also make the judicial practice inoperation chaos. This article is based on the relevant typical cases of the court,through the analysis of article183of the law, the definition and related legal analysis,hoping to further clear the applicable condition of judicial dissolution of companysystem in China. This article is divided into three parts, the main content is as follows:The first part, the article introduces the company dissolution litigation cases, thearguments on both sides of the pleadings and the court trial briefly, which make theforeshadowing for later analysis.The second part, it a brief summary of the case related to the focus ofcontroversy, the two controversial focus extract is whether the defendant companybelongs to the operation and management of serious difficulties continue to exist, theinterests of the shareholders will be a significant loss and “the plaintiff sued whetherthe case can not be solved by other means”.The third part，it an overview of the legal theory of the case involved.Detailedelaboration of the relevant legal principles, and Judicial Dissolution of the system theimpasse of company management difficulties with the company, the companycontinues to exist and the interests of the shareholders will be a major loss, othermeans can not be solved so clear view combined with the circumstances of the case. Ihope through the analysis of the basic theory of the case, to sort out the focus of controversy in the case. Analysis of legal theory, combined in the case and do adetailed analysis.The forth part, this paper combined with the practice, puts forwardsome countermeasures and Suggestions to the company judicial dissolution of theproblems, mainly include: perfecting the company judicial dissolution of alternativemeasures, clear principles, trial and judgment of judicial dissolution lawsuit andmediation in front of relief procedure and so on several, in order to further perfect oursystem of judicial dissolution of the company.