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

This article focus on judicial dissolution of the company, one of the relief approaches to solve the deadlock of corporation. Our 2005 ’Company Law’ Article 183 establishes judicial dissolution of the company, to fill the legislative gap. However, the provisions are very vague, making the trial puzzled and inconvenient. Although the Supreme People’s court has made a judicial interpretation to Article 183 of Corporation Law, the deficiencies still exist. This article will use empirical research methods, through analyzing the real cases of judicial dissolution to reflect the effect of the dissolution of the judicial system in our country, and then find the problem and make recommendations.Firstly, divided the development of judicial dissolution of the company in the practice into three parts, according to the two important reforms in the legislation procedure——revision of the corporate law in 2005,and “Explain the Companies Act(b)" came into effect in 2009.Then summarized the cases in every stage and sorting out the development skeleton of judicial system of the dissolution of the company in judicial practice.Secondly, investigated the 100 cases that took place after the arrive of “Explain the Companies Act(b)",evaluated the effectiveness of judicial dissolution of the run. Through fore aspects :characteristic of target firm、the characteristic of exercise shareholders、specific criteria of company judicature dismisses system and trial court decision. Meanwhile, reflective practice highlighted problems and deficiencies, and noted defects and problems that exist in practice.Finally,in the foundation of empirical analysis, suit the remedy to the case, provided some suggestions for the perfection of company judicature dismisses system. Including the improvement of the existing judicial dissolution system,pay attention to prevention beforehand, and reform and improve our judicial dissolution of alternative measures: the introduction of compulsory purchase and the system of legal division.