Research On The Judicial Dissolution System Of The Company

As a profitable group legal person,the company operates through the exercise of its functions and powers by shareholders and directors.Due to conflicts in business philosophy between shareholders and directors,unreasonable ownership structure,and serious differences of interests,the company has difficulties in business management and is in a stalemate.In order to solve the problem of corporate deadlock,China's "Company Law" revised in 2005 established the company's judicial dissolution system,and in the "Company Law Interpretation II" issued after 2008,detailed the reasons for the judicial dissolution of the company.However,there are still some ambiguous regulations,which leads to inconsistent court judgment standards in practice.This article will consider the specific judgments of these kinds of cases from the people's courts at all levels.Through screening and analysis,the author summarizes 160 cases of the dismissal of the court companies in China from 2009 to 2018.Using the method of empirical research,we can find the problem of the judicial dissolution system of our company in the application of law in our country,and propose a feasible solution.The body of this article is divided into the following three parts:The first part,the statistics and induction of the sample,through the collection and collation of case materials for analysis and research,through the "basic situation of the exercise shareholders","the basic situation of the company under the lawsuit","the basic situation of the court judgment" three aspects Data and icons intuitively show the general situation of judicial practice,and examine the relevant theories of the company's judicial dissolution system in judicial practice,laying the foundation for the latter two parts of the article.The second part,the research and analysis of the problem,combined with the analysis of the case data,focuses on the "qualification of different types of shareholders","serious difficulties in business management","significant loss of shareholders' interests","can not be resolved through other channels" "Investigate in four aspects." Through a case study combined with relevant theories,a comprehensive understanding of Article 182 of the Company Law,discover the controversial points in the theory and problems in practice,explore the commonalities and differences in court judgments,and make an in-depth analysis of the problems.The third part,the conclusion and suggestion of the conclusion,through the first part of the sample statistics and the second part of the problem analysis,draw two conclusions: First,the court should optimize the referee path under the framework of the current judicial dissolution system;It is necessary to explore the perfect path of the judicial dissolution system by combining the system of company law with the relevant concepts of commercial law.