Font Size: a A A

Research On The Statutory Reasons For The Company's Judicial Dissolution

Posted on:2021-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2436330602498561Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,the company's judicial dissolution system has made some progress in legislation.However,due to the overly general requirements for the application of the company's judicial dissolution,the situation of "different judgments in the same case" has occurred in judicial practice.This article combines the theoretical basis,legal provisions,and guidance cases of the judicial dissolution system,and the application of the system in practice and other aspects of the analysis.It also deeply analyzes the existing problems of the system,hoping to provide thought and help for the correct implementation of Article 183 of the Company Law.The main framework of this article is as follows:The first chapter first introduces the concept of the company's judicial dissolution system and legal reasons,second,determine the basic theoretical basis for the legal cause of the company's judicial dissolution system,these theoretical foundations are of great help in understanding the necessity of deciding the dissolution of the company when the company is deadlocked.There are different views on what theory is more reasonable in academia and practice,this article believes that the theory of judicial intervention can better fit China's judicial dissolution system.Finally,a brief overview of the differences and problems in the application of judicial dissolution of the legal cause in China leads to the purpose of writing this paper.The second chapter reviews the concept and evolution of China's judicial dissolution system,as well as the process of determining and gradually refining the judicial dissolution system in China,and clarifies the problems in China's current regulations on judicial dissolution.Here,this article conducts a thorough and in-depth analysis of the specific legal judgment standards for judicial dissolution through empirical research,and lays the foundation for a more reasonable improvement of the judicial dissolution system.The third chapter is an extraterritorial inspection of the judicial dissolution system.Through the summary and combing of the basic provisions of the legislation standards for judicial dissolution judgments in the United States and Germany,we can get inspiration for improving China's judicial dissolution judgment standards.The fourth chapter is based on the content studied in the previous three chapters,and literally redefined "serious difficulties in management" as"management difficulties".In essence,the scope of "difficulty in management" was expanded to explain,and the meanings of "shareholder interests" and "significant losses" were defined;and other reasonable alternative remedies were set up as suggestions for improving the company's judicial dissolution judgment standards.
Keywords/Search Tags:Dissolution of the company, The reason for its dissolution, Operating difficulties, Management difficulties
PDF Full Text Request
Related items