Realistic Deviation Of Judicial Dissolution System Of Company

The purpose and mission of the establishment of any system are protecting the interestsof certain subject. Any system has its due value orientation. The value orientation of a systemis up to the theory foundation of the system and the social environment in which the systemoperate. Whether a system contains the value orientation is the most important standard ofwhether the system is effective and can solve practical problems.As one of the basic system of company law, the establishment of company judicialdissolution system is not to end the ways of the company winding-up, to reveal the perfectionof legal system. The real value of this system is to give the shareholders a final judicial reliefway, when internal contradictions and disputes occur in a company, shareholders’ reasonablyexpected interests being infringed while the contradictions and disputes can’t be solved.Therefore, protecting the interests of the shareholders is the original reason this systemestablished. If our company judicial dissolution system want to play its proper role, it shouldproceed from the system theory, combining with the specific social environment of the thesystem implement, and realize its value in the legislative and judicial practice.This paper adopts the method of theoretical research and empirical research. Beginningwith the value orientation of the company judicial dissolution system, this paper will arrive atthe deviation of the due value orientation that our current system of judicial dissolution ofcompany have by comparing the the realistic orientations and ideal orientations, and thenreflect the defects of this system in our country. At last,this paper will put forward somelegislative suggestions according to its value orientation.Besides the preface and conclusion, this paper is divided into four parts:The first part will analyze the value orientation that judicial dissolution system ofcompany should have, based on the function, the basic theory and the essence ofestablishment of the system.The second part proceeding from the essence of objective system, will analyze thedefects and shortcomings in legislation of China’s judicial dissolution system of company.The third part will analyze, induction, statistics and summarize137collected casesthrough the method of empirical research,then arrive at the application and problems ofChina’s judicial dissolution system of company the judges have in the judicial practice due tothe the defects in the legislation.In the fourth part, on the basis of reiterating the value orientation of the company judicialdissolution system，this paper will put forward some legislative suggestions,combining with the legislative defects and judicial actual situation of this system in our country mentionedabove.