The Realistic Dilemma And Solution Of The Lawsuit Of The Company's Judicial Dissolution

According to the company law and judicial interpretation in China,the cause of judicial dissolution is mainly the deadlock in the shareholders' meeting or shareholders' meeting,the deadlock in the board of directors or the deadlock in voting rights.In judicial practice,in the case of company dissolution dispute,the court also takes the existence of the above-mentioned company deadlock which leads to serious difficulties in operation as the substantive criterion to judge whether the company is dissolved or not.But whether legislators or court have ignored the shareholders based on company oppression and loss of trust cooperation foundation,the realistic requirement of company dissolution,without giving the rights of the oppressed shareholder company dissolution result in the company judicial dissolution lawsuit can't really effectively to provide exit company right to the core functions of small and medium shareholders.In addition,even if the company meets the conditions stipulated by the current law to dissolve the company,the court will not necessarily dissolve the company based on the consideration of social responsibility.However,as China's company law stipulates that the social responsibility of a company is an explicit provision,the courts have different understandings of social responsibility,leading to a large number of different judgments in the same case,which seriously affects the judicial authority.Therefore,by analyze the data of existing company dissolution disputes and a sample of some case analysis,and other country advanced theory and legislation experience,study the oppression of shareholders in company judicial dissolution dissolution,clear the expansion of company dissolution and resistance is the necessity of the dissolution of the company's social responsibility,to consummates our country company judicial dissolution lawsuit purpose.