The Company Judicial Dissolution System

This article makes the research through the methods of comparative, conception analysis and case analysis to explain the Judicial Dissolution and Shareholder's Suit for Judicial Dissolution following the Corporate Contract Principle. The Judicial Dissolution is a new institution regulated by the latest Company Act brought into effect from January 1, 2006, which is a reasonable interfere against the Economic by the State and an Invasion to the Corporate Autonomy by the Judicial Power. The invasion must be restricted in reasonable degree by restraining the judicial power from illegal enlargement.From the history, definition and legal character, Judicial Dissolution is defined as a legal institution under which the competent jurisdiction orders dissolution of an on-going company according to law subject to qualified person's petition in law, the main of which is Shareholder's Suit for Judicial Dissolution. This article states that the Legislative Line of the Judicial Dissolution is Macro and Abstract in contrast to the Judicial Line as Micro and Specific indicated from the case by case, combined with the legislatures and cases law concerning. At last, it summits some suggestions for the Judicial Dissolution, such as the court shall apply its discretion in Judicial Dissolution carefully subject to the principle active accept the case hereof, enacting concerning judicial explanation to direct the practice, and constructing the case law system with respect to the Judicial Dissolution institution by referring to the Common Law Tradition.