On The Lawsuit Of Company Judicial Dissolution By Shareholders

The lawsuit of company judicial dissolution is a system under which a company can be dissolved by the court's judgment under the reqv irement of the shareholders if certain conditions are satisfied. Nowadays the system adopted by a variety of countries (regions), the lawsuit of company judicial dissolution is mainly intended to protect the interest of minor shareholders, break the deadlock in the company and remedy the investors when their rights are infringed. The fact that this system ha; not been stipulated in China's current Company Law leads to rejection or refusal of such kind of case in court. Both company operation and judicial practice require the establishment of this system urgently. So, from the prospective of comparative law, this article f rst compares legislation and judicial practice of some main countries (regions), then systematically studies the lawsuit of company judicial dissolution in combination with China's judicial practice and research findings, and finally puts forward the construction of the system in China as well as analyses the principle which shall be followed in the future amendment of the Company Law.