Empirical Analysis Of Corporation Judieial Dissolution System

The purpose of the company judicial dissolution system is to balance interest conflict between shareholders and corporate,its essence is the judicial intervention in company governance and a last resort to solve company deadlock. Given a particular subject to the rights of the dissolution of the company to court in certain situations has almost become the world’s legislation. The system which has more than 50 years of history was introduced to our New Corporation Law when it revised in 2005. A long time before, the general view regarded that the court ruled company dissolution will bring irreparable harm to shareholders and stakeholders. So that these judgments must receive strict constraints, in order to avoid opportunistic ill intentions.Due to the rules of company dissolution articles are not elaborated enough in New Corporation Law, which leads to the lack of consensus in the judicial practice criterion. Therefore, judicial dissolution system need to be analyzed from theoretical research, empirical analysis and comparative method, etc. This paper is divided into the following four parts besides the introduction:The first part mainly expounds the basic concept and principle of the company judicial dissolution system. Through the review of previous research will lead to the conclusion of the status of both academia and practical field.The second part starts from the current Corporation Law rules, mainly discusses the corporation judicial dissolution system status and flaws which constituted by New Corporation Law, Judicial Interpretation of Corporation Law II and the Guiding Cases No.8 issued by Supreme People’s Court. At the same time, the law and economics analysis methods will also be used.The third part, with the help of empirical analysis we can observe this system in various prospective. This research is established on all verdicts relevant to corporation judicial dissolution made in the past eight years, and the aim is to find the actual operation situation and tendency in different circumstance.Last, in the fourth part, the seek for the improvements will be discussed by using the analysis results and the related system rules in foreign company law in this area.