The Study Of Judicial Dissolution System From Judicial Activity Perspective

By using judicial power the Judicial dissolution system is a common way to solve thecorporation business and operation system disputes which focus on non-impartiality, or non-equity,and offer special legal protection to the right of the vulnerable group by corporation law.And the system has been clearly defined in the 2005 Comporation Law and the 2008 Judicial Interpretation of the Supreme People's Court on the application of PRC Company Law number of issues under (b) (hereinafter referred to as Law explained II). However, in the Factual level, Law explained II Article 1 expressed the criterion of serious difficulties and significant loss,and which of shareholders'interests may be damaged during the term of continued existence of company, etc. in this respect, there is not specific legislative regulation under present law system; and because of the uneven development of the local Court of Justice the status and regional differences in the environment may also lead to results biased referee. Revising the law or promulgating judicial interpretation are a way out of this legal morass, but It's unrealistic to put forward legal explanations to all the specific crime of amoun, after all, the laws can't discover all social phenomena, so I thought it is possible to find other ways to solving the current problems in judicial practice.First, the court not play the role only of negative referee, but also give full play to its subjective initiative, resolving the conflicts between parties from very beginning.Therefore, accelerating the transformation of judicial philosophy is one of key issues of jurisprudence from the juridical perspective, to maintaining a balance between active and passive, judgments and mediation, so the adjustment and promotion of the judicial reform in China is of great social and political significance for the transformation of Chinese society.The second, with the guidance of heory.of corporation social responsibility, a magistrate judge in the judicial process is not a simple cap fits with the facts of the case or how to rule, this limitation can be exposed in civil law countries, even in the common law countries, numerous precedents, judge-made law, the countries still have many fundamental issues unresolved today, the judges still need to make a judge by measuring social benefits, judging social values and understanding social perceptions, to fill a gap of some legal fields gradually.The third, our judicial dissolution system is the product of the times, is based on the prevailing social conditions and social needs, no matter what kind of a legislative process the corporrate laws have been experienced, it just cover a relatively narrow and limited areas, therefore, nomatter the judicial interpretation, the accumulation of judicial experience, or the authority that the Constitution states when there are loopholes in the statute, in fact this procedure implies both a judicial process and a generative process of initiative rights.With these understandings and judgments, the author has analyzed the the value of the juridical dissolution system in China and the judicial philosophy contained in the judicial process, In order to discover the Binding site between the two sides, which are used to build up a systematic law framework about judicial dissolution.