The Exploration Of Company Judicial Dissolution System

Company judicial dissolution is an ultimate solution to the corporate deadlock and oppression. Anglo-American law system and civil law system both have rather mature system on it, China first adopts judicial dissolution when amending the company law in 2005, then, the judicial interpretation of the Supreme Court of China completes the system in many ways. From the view of foreign legal experience and domestic judicial practice, there are many inadequacies in our judicial dissolution system. This thesis presents the advice on completing the system from the view of judicial practice and comparative reference.This thesis consists of three parts: introduction, the main content and conclusion. The main content has four chapters.The first chapter is about the fundamental theory of company judicial dissolution, there are three sections. The first section is an introduction to the concept, types, the history and the legal nature of the judicial dissolution system. In the second section, it's an analysis of grounds for judicial dissolution, corporate deadlock and oppression. The last section presents three theoretical basis: reasonable expectation theory, fiduciary duty theory and corporate social responsibility theory.The second chapter is mainly the comparative analysis of judicial dissolution system in Anglo-American law system and civil law system. First it's about an introduction to the system of two typical Anglo-American law system countries, UK and US. Secondly it's about an introduction to the system of two typical civil law system countries, Germany and Japan. The last section is about the comparative analysis of both law systems and inspiration to our system amendment.The third chapter represents an introduction to our judicial dissolution system. First it's a legal analysis to our judicial dissolution system, the second section represents the main inadequacies in our system.The last chapter represents the advice on our judicial dissolution system, there are three sections. The first section is about the establishment of fundamental principles. The second and third sections represent the advice on the specific system and additional remedies.