Research On The Legal Application Of The Company's Judicial Dissolution System

In China,the company's judicial dissolution system was born in the "Company Law" formulated in 2005.The company's judicial dissolution system is not a domestic system design.It is based on the domestic commercial law system and absorbs and borrows from other countries' company dissolution systems,that is,the product of legal transplantation.The status and role of the company's judicial dissolution system in the company's legal system cannot be ignored.When the failure of company autonomy and continued existence will cause serious losses to shareholders' interests,and such losses cannot be resolved by relying on the company's internal governance capabilities,the shareholders can Companies like the judiciary seeking relief and relying on judicial intervention to dissolve the company.Although the "Company Law" of 2005 stipulated the conditions for shareholders to file a dissolution of the company,the provisions were too vague and broad,and many disputes had arisen in terms of understanding and application.In the legal practice,there were chaos of different judgments in the same case.The phenomenon has aroused extensive discussions in academia and practice.Subsequently,the Supreme People's Court successively issued two judicial interpretations of the "Provisions on the Application of the" Company Law "Issues(II)" and the "Provisions on the Application of the"Company Laws "(V)Issues,two further judicial interpretations of the provisions.Refinement is clear.From this we can see that China's corporate judicial dissolution system and theory are improving step by step.Nevertheless,in the current legal practice,the people's courts still have some problems when they try to dissolve the company.This paper analyzes the real case judgments of court trials in the past two years,explores the problems existing in China's current judicial dissolution system in the process of understanding the trial practice,and draws on the results of previous theoretical explorations.Improve your thinking.The main content of this article is asfollows:The first part,the introduction,introduces the main research content and its significance and background,the current status of the research,the research methods,and the source of the research data.The second part is the basic theory of corporate judicial dissolution and the status quo of China's legislation.The three theoretical foundations of the company's judicial dissolution system—the company's contract theory,the theory of expected interest failure,and the theory of judicial power intervention were restated,and discussed and reflected.The existing legal basis of the company's judicial dissolution system in China has been collated,with a total of one company law provision and two judicial interpretations.This part is the basis of the case study,because only a thorough knowledge of the basic theory can focus on and think more in the research statistics behind.The third part,statistics and induction,analyzes the collected judgment cases,extracts relevant data to make intuitive charts,and examines and verifies relevant theories through trial practice to provide data support for later research.The fourth part is the problem and analysis.According to the "Trilogy" model of Article 182 of the "Company Law",the case and the trial practice are examined and analyzed in combination with case data.The fifth part is the thinking and conclusion.The ultimate purpose of all legal studies is to serve legal practice.This part is the reflection and summary of the full text and the conclusion of the research.This part is divided into three aspects: one is to expand the interpretation of the legal reasons for the judicial dissolution of the company;the other is to clarify the problem which are unclear under the existing laws;the third is to explore the positioning of the mediation system.