On The Judicial Dissolution System Of The Company

In2005,China amended the Company Law of the People's Republic of China(hereinafter referred to as the Company Law),absorbed the system of judicial dissolution of corporations,which filled the blank of the system of judicial dissolution of corporations in commercial legislation.This system provides legal compliance for solving the deadlock of corporations,and also provides legal protection for minority shareholders to protect their legitimate rights and interests.The system value of judicial dissolution of a company lies not only in providing an exit path for shareholders who are in deadlock,but also in protecting the legitimate rights and interests of repressed shareholders,creditors and other stakeholders as well as social public welfare,which shows the importance of the system for economic and social development.Since the reform and development,China's economy has developed rapidly and the number of companies has increased rapidly,with many new situations and problems appearing.Therefore,it is necessary to endow the company judicial dissolution system with new values and connotations.At present,the provisions on the company judicial dissolution system in China's Company Law are too narrow,rough,and lack of feasibility and operability,which brings many difficulties to judicial practice.Confused,there are no clear and detailed provisions on the judgment criteria of "serious difficulties in company operation and management","significant losses to shareholders' interests if the company continues to exist" and how to determine"unsolvable through other means",which can not satisfy the practice of judicial dissolution of relevant commercial disputes,and the phenomenon of "different judgments in the same case"occurs from time to time,thus making the judicial opportunity.Guan's authority and impartiality are severely challenged.Although the Supreme People's Court has promulgated some provisions on the application of the Company Law of the People's Republic of China(2)(hereinafter referred to as the Judicial Interpretation of the Company Law(2)),they are still insufficient.A systematic study of the judicial dissolution system of corporations in China will not only improve the legal system of corporations in China,but also help to further improve the commercial legal system.On the basis of the existing research,through induction,deduction,comparative study and other analytical methods,this paper repeatedly studies and discusses the theory of corporate deadlock from the basic theory and basic legal system of the judicial dissolution system of our country.This paper compares the two foreign legal systems and the relevant legislative provisions with the current legal norms in China,and provides reference for the further improvement of the judicial dissolution system of our company.By analyzing judicial practice cases and comparing with foreign system theories,this paper sums up the deficiencies of our company judicial dissolution system,and puts forward constructive suggestions on further improving our company judicial dissolution system and remedying legislative deficiencies,including making detailed supplements to the legal causes of company judicial dissolution,restricting the subject qualification of company judicial dissolution claim and increasing company justice.The alternative relief measures of dissolution system and so on.In this way,we can better solve the judicial dissolution problems in judicial practice,ensure the normal and efficient operation of the company,and protect the legitimate rights and interests of shareholders from being infringed,so as to improve the authority of judicial proceedings,so as to avoid profit-making companies withdrawing from the market due to internal disputes.