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

The judicial dissolution system of the company is a legal system that has reached the certain conditions stipulated by the law and decided to apply for the dissolution of the company to the court on the basis of certain legal reasons.In order to comprehensively and objectively realize the current situation of judicial dissolution system in our country,this paper adopts the scientific research method of legal research,takes 158 referee as the sample,and systematically summarizes,collates and analyzes the key elements and legal norms involving the system,According to the development needs of judicial practice in China,this paper puts forward some reasonable suggestions to improve the relevant legal system in our country based on the pragmatic attitude.The first part is the present situation.First of all,it makes a clear study of the research value of the sample of the referee paper,and then through the 158 companies judicial dissolution of the referee paper samples,from the exercise of shareholders,the prosecution company and the court referee three aspects of statistics to organize and summarize the system applicable to the main body and Court ruling and other aspects of the practical characteristics.The second part is the review of legislation.This paper analyzes the legal understanding and application of the legal needs of the substantive practice in order to clarify the legal understanding and application of the legal needs of the legal aspects of the Company Law."Management difficulties" in the "management difficulties" in the decision status,shareholder oppression as a case of complaint has existed;Second,the "shareholders of the interests of" not only refers to the economic interests of the current interests of the company is "still in a state of profit" is not Whether or not the "other means" is exhaustive in the case of filing only form of review,but in the trial stage "no other way" must be used as the system to be applied to the substantive examination,elaborated part.The third part is for foreign reference.Reference to the United Kingdom,the United States,Germany,Japan and China Taiwan in the company's judicial dissolution of the system norms,sort out the domain of foreign law in the relevant areas of the legislative situation,with a view to China's system to provide a useful inspiration.The fourth part is the path regression.The status quo,legislative review and extraterritorial reference as a means of institutional research,the ultimate goal is to improve the system to make reasonable recommendations.First,the outline of the outline,clear and appropriate exercise of the right to use the right to measure and exhaust the internal relief of the three principles as the basis for improving the judicial dissolution system and the core;Secondly,clear the dissolution of the matter,refine the judicial dissolution of legal reasons,including corporate stalemate,The company's assets are being abused and wasted,etc;Finally,the two measures to reduce malicious litigation,in the system of the establishment of equity compulsory acquisition,corporate separation,shareholder withdrawal and de-listing system and other rich alternative relief measures,combined with the introduction of litigation guarantee and establish the system of abusing defense mechanism.