An Empirical Study On Judicial Dissolution System Of Limited Liability Company

The judicial dissolution system was first established in 2005 when the Company Law of the People’s Republic of China(hereinafter referred to as the Company Law)was revised.Subsequently,the Supreme Court issued a judicial interpretation to specify the applicable conditions,providing a legal basis for shareholders to request the court to dissolve the company in case of a specific company deadlock.However,there are still some problems in the existing legislation concerning the system,such as unclear application conditions,narrow causes of dissolution and alternative remedies of judicial dissolution.Therefore,with the help of legal empirical research methods,this thesis will make a valuable exploration of the application conditions of judicial dissolution one by one,point out the problems,and put forward suggestions for improvement through quantitative statistics and empirical analysis of 258 real cases and investigation of extraterritorial experience.The thesis framework consists of three parts,namely introduction,text and conclusion.The first chapter is the introduction.Based on the review of the research results at home and abroad,the disputes in theory and practice are explained,and the significance and value of the research are demonstrated.The second chapter to the fifth chapter is the main body,using the method of normative analysis and empirical research to the application conditions and outstanding problems of judicial dissolution.The second chapter mainly analyzes the definition standard of "difficulty in operation and management" and the development status of shareholder suppression as the cause of judicial dissolution.The third chapter mainly carries on the empirical analysis to the definition standard of shareholder’s interest damage,and points out that the different judicial standards of shareholder’s scope and interest damage still exist widely.The fourth chapter focuses on the "other ways can not solve" on the basis of standard analysis,investigation of the use of alternative relief measures of judicial dissolution.The fifth chapter,in view of the deficiencies of the judicial dissolution system proposed above,puts forward suggestions from the applicable conditions of judicial dissolution and alternative relief measures.The conclusion part summarizes the whole paper from three perspectives: research background,research content and research prospect.The research results of this thesis are divided into two parts.The first part is a practice case reveals judicial dissolution system specific applicable conditions exist in the practical application of differences,respectively,for standard definition of"management difficulty,judicial dissolution of a single,court too much emphasis on the interests of the company and all shareholders and ignore the interests of the plaintiff shareholders,alternative remedies effect is limited.The second part is to put forward relevant suggestions in view of the above problems,which are to define the criteria of management difficulties,increase shareholder suppression as the cause of judicial dissolution,define the scope of shareholders for the plaintiff,improve the mediation system of our country,and set up the system of compulsory transfer of share rights.