The Criterion Of Judicial Dissolution Analysis

The judicial dissolution system of a company is a part of case law system. In order to adjust to the rapid economic development and varieties of economic conflict, China has established the judicial dissolution system of a company in modifying the Company Law. But China is a member of civil law countries. The system in provision of the statue law is too blurry and rough, so that it gives rise to some unclear identified standards problems on judicial dissolution of a company. Therefore, the Supreme Court supplemented and improved the judicial dissolution system of a company by the form of judicial interpretation, directive cases and reply of instructions. However, compared with the related systems from abroad, there still exist a lot of disadvantages to the current system which is in urgent need of modification and improvement. As for the problems of how to define the line between the judicial self-entering right and autonomy of the company clearly or appropriately, how to establish terms and conditions to the judicial dissolution of the company, and how to perform the right of discretion, it is necessary for all levels of judicial authorities to summarize trial experience and strengthen the research on cases of judicial dissolution system of a company. Especially, based on the specific cases, the highest judicial organ trend to establish an expected judicial dissolution system of a company by the means of the compilation of directive cases and regulation amendments.In the judicial cases and theoretical analysis, people argue that how to define “a company is confronted with serious difficulties in operating management” or “the difficulties can not be surmounted through other channels”. The thesis is to tell relative notion through introducing the definitions and features of the identified conditions of judicial dissolution of a company. Meanwhile, I am going to analyze the identified conditions of judicial dissolution of a company from several aspects; such as definition, concept, connotation, controversy in academic circle, and application of law. I am writing to analyze whether “a company is confronted with serious difficulties in operating management” by the serious difficulties emerged in organ of enterprises authorities, the measurement of whether there are damages to the interests of the shareholders, the condition of business profit, and duration of business operation. Then, I suppose to state the identified criteria on standardizing the judicial dissolution system of a company by the application of the theory of an expected interest, the conception contractuelle, and the theory of corporate social responsibility. Through presenting the the form of self relief, social relief, and judicial relief in the judicial dissolution system of a company, I plan to identify whether there are other means of it. This thesis is divided into 7 parts:The first part is about the case brief introduction and the summary of the focus of disputes. The cause of action, judgment, evidence of adjudication, and terminal judgment are simply introduced to pave a way for the following parts. Meanwhile, three focus of disputes will be raised. Such they are: Firstly, whether the plaintiff Lin Xiaochan stands to sue or not. Secondly, whether a company is confronted with serious difficulties in operating management. Thirdly, whether the difficulties can not be surmounted through other channels.The second part elaborates the appropriateness of appeal and the applied context of the litigation for judicial dissolution to which Includes why it does apply instead of the discussion of the other litigation.The third part discusses about the identified criteria of “serious administration difficulties”, and it includes the theoretical basis of identification of “serious administration difficulties”; some discussions on criteria of “serious administration difficulties”; and once the shareholders’ right to vote, right to participate, and discourse right are infringed in the company management process, that should be identified a serious operating management difficulties.The forth part is about the defining criteria of “serious management difficulties”. It mainly involves with the connotation of “serious management difficulties”; the affected factors of defining“serious management difficulties”; and the conflicts or resolutions between “serious management difficulties” and “serious administration difficulties”.The fifth part tells about “the difficulties can not be surmounted through other channels”. It mostly includes the definition and the legislative value of “the difficulties can not be surmounted through other channels” or the implement of “the difficulties can not be surmounted through other channels”.The sixth part is about the conclusion of this thesis. On the study basis of company dissolution case between Lin Xiaochan and Jiangsu Changshu Shangpin Industrial Limited Company and the provision of article 182 of the New CompanyLaw, enlightenment and viewpoints of the case come to my mind through the way of inferring other things from one fact.