Li Xi Sue Kang Di Co.dissolution Dispute Case Analysis Report

“Company law of the People's Republic of China” 's provisions of article 182 nd is about the judicial dissolution system,dissolution conditions are the core contents of the system,are also usually the focus of disputes in a dissolution lawsuit,and whether the company meets the dissolution conditions is also a difficulty for the court to hear such disputes.According to the provisions of article 182 nd,the judicial dissolution need to meet four statutory conditions,namely "a suitable plaintiff","the company's management is serious difficulty","major loss of the shareholder's interests","cannot be solved by other means".This article selected a relatively and typical dispute case of judicial dissolution,the focus of disputes of the case is consistent with this article's core points,namely whether the company satisfy the four legal conditions of dissolution and the court shall dissolve the company or not,and learned a lot according to the above contents.In this article,the main body is divided into the following six parts.The first part is to introduce the case.First of all,briefly introduce the basic facts of the case and also the court's judgments;Secondly put forward the dispute focus,to discuss whether the company satisfies the four legal conditions of dissolution or not.The second part focuses on the first dispute,and through the study of the legal and theoretical issues of the plaintiff qualification,we can draw the conclusion of the plaintiff's suitability in this case.The third part focuses on the second dispute.Through the study of the legal and theoretical issues of the company's management,we can draw the conclusion that the company's management is not seriously difficult.The fourth part focuses on the third dispute,through the study of the legal and theoretical issues of the damage of interests of the shareholders,we can draw the conclusion that the company's survival will not harm the interests of the shareholders.The fifth part focuses on the fourth dispute,through the study of the legal and theoretical issues of search for other solutions,we can draw the conclusion that the plaintiff did not seek other ways to solve the problem.And above all,we can draw the conclusion that the company is not eligible for statutory dissolution.The sixth part is thinking through the research of this case.Firstly,put forward suggestions of referee on similar case through the analysis of the similar cases;Secondly,based on the preparation and writing period of this article,put forward some suggestions to improve the judicial dissolution.