Comment On The Dissolution Dispute Case Of Lv Zengmin Etc And Weihai Fulfill Company

According to the capital elements and the strength of the individual investors,the company will be divided into the capital company,the personal and capital company and the personal company in theory.Although limited liability company can be classified as capital company,it still has strong shareholders and closure.In the process of operation,it often encounters the opposition of shareholders,management of paralysis,disorders such as decision-making failure,which is called the corporate deadlock.The company deadlock is a serious departure from the original intention of the investors to get the proceeds of the company,the company capital is in vain,and it leads to the adverse impact on wealth accumulation and the development of social and economic.Before the company law was added to the system of judicial dissolution of the company in 2005,the settlement of the corporate deadlock has been in a blank state.In judicial practice,courts usually do not accept the case of corporate deadlock on the grounds that the jurisdiction of the company is not suitable for judicial intervention.The 2005 revision of the "company law" and 2008 "company law interpretation(two)" provide a legal basis for the company to break the deadlock,establish judicial dissolution system initially of our country,have important significance on resolving the dilemma of corporate governance,shareholders'reasonable expectations,protection and withdrawal rights.However,because the law is not specific enough,and the company deadlock is usually complicated case,the case results have a greater impact for shareholders,the company and stakeholders,the handling of such cases is still plaguing the judicial organs.Lv Zengmin and weihai fulfill company companies such as dissolution of disputes,the parties to the dispute mainly focus is whether the Lv Zengmin and others have filed a company dissolution lawsuit main body qualifications and fulfill company is in line with the dissolution of the legal situation of weihai.The end of first instance and second instance court support Lv Zengmin of claims,such as ruling weihai fulfill company dissolution.In this paper,starting from the case facts and evidence,to initiate a dissolution proceeding of main body,the case is in line with the company dissolved the problem such as the legal situation of the scientific theory,on the basis of normative analysis,combining similar cases in the judicial practice,it is concluded that Lv Zengmin three people have filed a company dissolution lawsuit main body qualifications,weihai fulfill company conforms to the dissolution of legal situation,etc.At the same time,it is suggested that the legislature in the subsequent legislation based on trial practice,draw lessons from foreign legislative experience,from the legal provisions and other alternative methods to complement and perfect the company judicial dissolution system of break the company deadlock,to deal with similar cases provide a more scientific sufficient legal basis.