On Perfecting Of Chinese Judicial Disbandment System Of Corporations

The system of judicial dissolution of companies in China has been in operation for more than 10 years,which has solved many problems such as corporate deadlock,accumulated a lot of experience and guaranteed the good operation of the company system.However,the judicial organs have also encountered many new problems in the specific application of the law,because it is difficult to grasp the judgment scale uniformly.There are still many realistic problems need to be further clarified by legislation,such as how to judge the serious difficulties in the operation and management of a company and whether there are other ways to relieve the difficulties of a company.There are currently gaps in domestic laws,for example,how to carry out relief for the situations of large shareholders' legally oppressing or crowding out small and medium-sized shareholders by the advantage of their equity,whether these shareholders can withdraw their capticals and invest to new areas.The author tried to analyze the legal basis and existing problems of the system of judicial dissolution of companies in China,to analyze the common problems in the process of the application of law,and to compare the historical experiences of civil law countries and common law countries with the samples of the 2017-2018 Chinese refereeing instrument network and the Chinese Trial Open network.After the practical researchs the author concluded and proposed: As the scope of application of judicial dissolution system is too narrow,there is an urgent need to further improve the applicable conditions.Shareholder oppression,shareholder exclusion,shareholder non-performance of funding responsibility should be included in the adjustment scope of corporate judicial dissolution.To make legislative arrangements to prevent shareholders from abusing the right of action or improper litigation.To increase the judicial dissolution of the company public Interest litigation,corporate crime dissolution system,dormant company expiration quasi-dissolution system,increase the compulsory acquisition of shares,shareholder delisting system,joint stock isolation system,the establishment of the administrator system,increase the treatment of shares,through partnership agreements or articles of association for prior prevention and other relief measures.Do a good job of connecting the direct litigation between shareholders and the system of judicial dissolution of the company,and further improve the distribution of the burden of proof of judicial dissolution.