An Empirical Study On The Judicial Dissolution System Of Companies

At present,the country is carrying out supply-side structural reform,in which the core goal of deproductivity is to bring spring to the development of the market exit mechanism of enterprises.It also raises new challenges.The judicial dissolution of the company is the reason for ending the company's "life".To set a minimum governance goal for a company in this risk society,it is likely to avoid the deadlock.In this sense.The treatment of corporate deadlock occupies the basic position of corporate governance,even corporate law practice and research.The abstract,the principle and the meaning are vague,so that both the substantive and academic circles have great controversy.In this paper,161 cases have been screened out in the Beida fabao database by means of the empirical research method,and the present situation of the legal application of the company 's judicial dissolution system is discussed,and the suggestions are put forward to further perfect the system.The first part,taking 161 judgments as the analysis object,carries on the quantification statistical analysis through the related litigation company characteristic,the exercise shareholder's basic situation,the court judgment situation tripartite main body different angle carries on the quantification statistical analysis.To form an intuitive understanding of the practice of judicial dissolution of the company,and analyze the problems existing in thepractice.The second part focuses on the specific understanding and application of Article 183 of the Company Law in judicial practice.Second,how to define the loss and the factors to be taken into account when the shareholders will suffer heavy losses if they continue to exist;Thirdly,the function orientation and standard of "can't be solved through other ways".Through the analysis of typical cases,the author induces the judge's thinking of judgment,and makes a theoretical analysis of the dilemma in reality.The third part,on the basis of the previous empirical analysis,for the further judicial dissolution system of our country.Through the above empirical research,it is suggested to legislate the trial and judgment principles of the judicial dissolution of the company.The three principles of prudent judgment and exhaustion of internal remedy are the basis and core of perfecting the judicial dissolution system.Secondly,it is clear that the cause of dissolution,including corporate deadlock,shareholder oppression,is the legal cause of judicial dissolution.Improve alternative relief measures,including forced replacement of equity mechanism,shareholder withdrawal and delisting system.