Study On The Judicial Dissolution System Of Company

The main content of this paper is the judicial dissolution system.Before 2005,there was no provision of judicial dissolution system in the company law of our country.However,when the company law was revised in 2005,the system first entered the legal provisions of our country.However,this system was relatively general and general at that time,so there were many problems after the implementation of the law.However,in 2008,the Supreme People's court timely promulgated the provisions of the Supreme People's Court on Several Issues concerning the application of the company law of the people's Republic of China(II),among which several provisions clearly defined and explained the problems existing in the judicial practice of the judicial dissolution system,making the system on the right track.However,with the passage of time,especially after the judicial interpretation has been put into effect,the judicial organ or the academic circles have a new understanding and recognition of the judicial dissolution system,which has made new progress in the system.The Supreme People's court timely summarizes and fixes it in the way of guiding cases,that is,the guiding case No.8 of the Supreme People's court-Lin Fangqing v.Changshu Kailai industry Dispute case of dissolution of limited company and Dai Xiaoming company.The typical significance of this case lies in the new interpretation of the determination of the difficulties in the operation and management of the company,which represents the mainstream understanding and has guiding significance for the lower courts.Based on the characteristics of the development of this system,this paper focuses on the analysis of the cases after the issuance of the guiding case No.8 of the Supreme People's court.This paper is divided into four parts.The first chapter focuses on the changes of the judicial dissolution system of the company in our country,and makes a macro analysis of the judicial cases in the past 10 years,and obtains the development trend of the whole judicial dissolution system.After that,we screen the whole macro data and get the objects and problems that need to be analyzed.The second chapter makes a detailed analysis of the selected samples.The analysis factors involve many aspects,such as the company situation,the situation of the plaintiff and the defendant,the result of the judgment,the trial procedure,etc.,which comprehensively reflects the overall picture of the current judicial trial.The third chapter,combined with the sample analysis,makes an empirical analysis of Article 182 of the company law,that is,the judicial dissolution system,finds problems or deficiencies,and demonstrates them.In the fourth chapter,based on the analysis of the full text,combined with the problems found in the previous paper,and on the basis of previous studies,the author puts forward some suggestions to improve the judicial dissolution system.