Comment On Dissolution Dispute Case Of Mr Guo And Jiang Yang Company's Judicial

In the narrow sense,judicial dissolution is defined as the dissolution of shareholders' judicial system,mainly because shareholders,especially small and medium-sized shareholders,are proposed to the court as eligible subjects to protect the interests of shareholders in the event of a stalemate in the company.In 2008,the Supreme People's Court promulgated and implemented judicial interpretations intended to refine the conditions of use of the company law.It further clarified several statutory situations in which shareholders filed judicial dissolution,mainly stipulating the management of the company from the perspective of internal management.Seriously difficult performance.Even so,the judicial dissolution system still has many problems in the actual trial.In the case of "Guo Shuyin v.Jiangyang Company Dissolution Dispute",it experienced the first-instance judgment,the second-instance to maintain the original judgment,and then the retrial to revoke the original judgment,and allowed the company to dissolve.The main reason why the case has undergone a protracted trial is that the judges have differences in the understanding of the applicable conditions for the specific judicial dissolution.The focus of the dispute in this case is whether the company's management is in serious difficulty,even the “Company Law”.Judicial Interpretation II lists four specific situations for the serious difficulties in the management of the company,but it is still not enough to completely resolve the differences in the understanding of this provision,mainly as the judicial interpretation of the Company Law is only from the perspective of internal management of the company.It is difficult to analyze whether the company constitutes business management.However,in practice,it is often found that if the one-sidedness is only determined from the perspective of internal management,whether the company should be dissolved may result in the social responsibility that the company should abide by,and the overall interests of the society will be damaged.Therefore,the academic community and many practitioners believe that it is a serious difficulty to judge whether the company is operating or not from the internal management and external operations.Taking this case as the starting point,trace the roots,deeply analyze the concept,theoretical basis and institutional characteristics of the judicial dissolution system,and compare the different legal systems in the horizontal direction and the judicial dissolution system of each representative country,so as to more accurately and comprehensively analyze the current situation in China.The shortcomings of the judicial dissolution system are manifested in the narrow provisions of the eligible subject of the judicial dissolution request,the statutory conditions for the judicial dissolution to be furt her refined,and the alternative measures of the judicial dissolution system need to be enriched.