An Empirical Study Of The Judicial System Of The Dissolution Of The Company

Company as a legal fiction subject, with the same body has its own natural’life trajectory’. Judicial Dissolution as a reason for the termination of the company, the company is an important part of the market exit mechanism. Our2005’Company Law’ Article183establishes judicial dissolution of the company, to fill the legislative gap. This article will help empirical research methods, statistics and quantitative empirical analysis of real cases of judicial dissolution; inspection system to reflect the effect of the dissolution of the judicial system in our country, and then find the problem and make recommendations.The first chapter attempts to investigate the case by empirical methods statistical analysis, evaluation of the effectiveness of judicial dissolution of the run. Sued by company type, company size, number of shareholders of the Company; exercise shareholders’ voting rights, the exercise shareholders hold office; trial court level and the applicable procedures, the results of the referee, the reasons for dissolution, the company is running nine quantitative statistics related issues, the formation of the overall sample of intuitive understanding, revealing, confirms the practice judicial dissolution characteristics, the analysis and noted defects and problems that exist in practice.The second chapter of the typical cases of empirical analysis, the study focused on the trial court’s judicial practice focus-’Company Law’ Section183establishes the’trilogy touch-type’. Specific discussion:First, the’management of serious difficulties’, the specific meaning and that standard; Second,’continued existence interests continued to shareholders suffer significant losses’, the understanding and application; Three,’by other means can not be resolved’, the nature of the understanding, association rules and Reflections on alternative remedies. Induction, with a summary of the administration of justice in the current reference, guiding ideas and practices; Meanwhile, reflective practice highlighted problems and deficiencies noted our judicial dissolution system is not perfect place.The third chapter will serve as the first two chapters of empirical research systems thinking. First, by examining the judicial practice of thinking specific practices referee and judges for judicial dissolution of two major theoretical hypotheses reflection and assessment, explore interests dashed expectations theory of corporate derivative contract theory in practice the defects pointed out judicial powers to intervene corporate autonomy is better reflect the nature of the judicial system of the dissolution, in line with the judicial practice, as practiced by the judge thinking theories. Secondly, the response of judicial dissolution of the defect first two chapters indicated, through a comparative approach, drawing on Western countries mature legislative and judicial experience rich, calling the’Company Law’to shareholder oppression as the company ’s statutory judicial dissolution grounds. Meanwhile, reform and improve our judicial dissolution of alternative measures, the introduction of compulsory purchase and shareholders’equity regime removal system, establish a comprehensive, three-dimensional system of alternative remedies. Intervention by the judicial power of corporate autonomy, to play its proactive blocking function, safeguard the legitimate rights and interests of minority shareholders, while optimizing the allocation of resources to achieve social equity and efficiency.