Empirical Study Of Company Judicial Dissolution Lawsuit

The "Company Law" of China introduced the judicatory dismisses system of relative perfect from other countries when it was revised. Though the clause is of great significance to optimize the dissolution system in the former "Company Law", it is still not good enough for operation in the view of procedure. For company logjam, the judicatory dismisses system compulsory should specially formulate standardize procedures to unify the trials of such cases, enabling the system to play its due effect.The essay takes empirical approach to analyze the focus problem of company dissolution in judicial practice, with a view to triggering a more in-depth research, as well as, being a reference for the relevant judicial interpretations.At first, the essay takes some analysis against the cause and mischief of company logjam, introduces the current situation of judicial dissolution, and cites a representative case which illustrates the necessity of the judicial practice research.Secondly, with the judicial practice and the legislative experience from foreign countries, it analyzes respectively the determination of the subject qualification, the scope of application and the precondition of judicial dissolution lawsuit and presents personal views.Finally, it analyzes mediation and liquidation,for the former as a necessary procedure of judicial dissolution lawsuit, the latter as the post procedure of it. Thus, combined with the draft of judicial interpretation, the essay constructs a new system.The purpose of departure of the essay is to deal with practical problems, there is not a breakthrough in the existing legal framework and not much in-depth theoretical analysis. In the contrary, on the basis of the introduction and analysis of trial court cases, it puts a lot of emphasis on judicial practice, that's to say, it analyses the problem which is abstractly reasonable and feasible for the design of tangible system,contributing to judge and make a choice. Although the essay chooses some representative cases from the media, it takes far more attention on the system designed for judicial dissolution by judges in trial practice,designs a specific system according to the draft of Judicial Interpretation.