Research On Applicable Procedures Of Judiciary Interposition On Corporation Disputes

The modified Coporation Law of China (hereinafter "Coporation Law") has legislated a number of new institutions absorbing some of foreign advanced and experienced practice. Concurrently, the new institutions may enhance the justiciability of Coporation Law, which have a direct and realistic effect and impact on the adjudication of coporation disputes. Along with the increasing overall number of company disputes cases, novel form of company disputes are emerging. Under the circumstance that substantial law is virtually making great progress, development of procedural law relatively lags behind. Amendments in2012to the Civil Procedure Law only stipulates the jurisdiction of company disputes such as establishment of company, confirmation of shareholders’eligibility, distribution of profits and dissolution, whereas did not correspondently revise procedural part directed at these disputes. There is no difference between procedure in dealing with commercial disputes and the one in dealing with civil disputes. A prominent issue in the procedural aspect of company disputes is that remedy is unitary and company disputes can solely carried out by means of litigation. Owed to the agility of commercial circulation of the corporation requiring more convenient and efficient procudure, pattern of solving coporation disputes accordingly needs to diversify, and per the different situation of each case, corporation disputes have to be split. In practice, some coporations need to undergo interminable litigation proceedings. This time-consuming procedure emerges the frequent outcome that plaintiff obtains the judgement against defendant but the damage of plaintiff is finally damnified. Thus lots of scholars are calling on spliting corporation disputes cases. Therefore, this article proceeds discussion with respect to categorization of corporation disputes and case-splitting procedure. Under this topic, categorization is considerably significant to legal research of corporation disputes both on theoretical aspect and practical aspect. Article has been divided to three chapters. First chapter defines the connotation of corporation disputes, and necessity, rationality and limitation of corporation interpostion to corporation disputes. Additionally, first chapter illustrates the demand for diverse disputes solutions from corporation disputes cases. In second chapter, persuant to the demand for diverse disputes solutions from corporation disputes cases, analysis is focus on the categories of solution provided by judiciary, i.e. non-litigation and litigation. At this non-litigation and litigation part, analysis distinguishes non-litigation and litigation, and explicit the cases suitable for non-litigation or litigation. In terms of the first two chapters, the third chapter compares the corporation disputes with the disputes solution. By means of categorizing the nature of right and features of corporation disputes, the discussion in third chapter disentangles the match between disputes and solution in order to forge a relatively integrity judiciary system on corporation disputes.