Research On The Legal Problems Of The Third Party In Judicial Dissolution Of Corporation

The corporation judicial dissolution system is a special kind of remedy system for shareholders.The so-called company judicial dissolution,refers to the company established for the purpose of business activities,the behavior is not in accordance with the law,public order and good customs,or in the company in the business had great difficulties led to the continued existence may lead to significant losses,as well as in the company's board of directors,shareholders between the deadlock,the court may make a decision to dissolve the company according to the plaintiff shareholders an application system.With the development of our economy and the revision of the company law and perfect,the number of companies is increasing,how to establish and improve the company dissolution system is necessary and significant enough to challenge China's legal community.With the promulgation of the judicial dissolution of company law(two),the judicial dissolution system in our country has been clearly defined.Especially the establishment of fourth which fills up the litigation status of judicial dissolution lawsuit litigant to determine the unknown blank,clear the main parties to participate in the proceedings in which the identity provides a basis for the parties in the litigation rights and obligations for the subsequent determination.Among them,the fourth provisions of the other shareholders and interested parties can participate in the proceedings as a third person,not only embodies the principle of maintaining the commercial subject,but also facilitate the subsequent court mediation work.In this paper,through the analysis of the provisions of third people at the present stage of China's judicial dissolution lawsuit,on the third person system into the judicial dissolution lawsuit value are discussed,and some defects in perfecting suggestions.This paper is divided into four parts,the author discusses the the third party's legal problems in the judicial dissolution of the company:The first part is an overview of the company judicial dissolution lawsuit.For this part of the corporate deadlock and corporate deadlock relief way overview selection,discusses the importance of corporate litigation,judicial dissolution and the dissolution of the pros and cons of the litigation subject,further introduced our country in the legislative process of the company judicial dissolution lawsuit on.The second part is the case and its analysis.Through 4 typical cases to reflect the development and current situation of judicial dissolution litigation in third companies were analyzed,introduced the third people in the judicial dissolution of the company development and the current situation in practice,this leads to the problem of third types of people in the company judicial dissolution lawsuit in judicial practice,the rights and obligations of the unknown unknown.The third part discusses the value of the third party in the judicial dissolution of the company.In depth analysis of the company's judicial dissolution of the introduction of third people to help creditors and other shareholders' rights and interests protection,is conducive to the development of court mediation.It is conducive to judicial justice and the improvement of litigation efficiency.At the same time,the other shareholders as third people to participate in the proceedings,but also conducive to the implementation of commercial legislation in the principle of maintaining the enterprise.The fourth part is about the legal status of the third party in the judicial dissolution of the company.In this part,the author clarifies the legal status of other shareholders in the company's dissolution lawsuit,and puts forward some suggestions on how to improve the legislation of other shareholders to participate in the dissolution of the company.