A Research On Our Company Judicial Dissolution System

China's company judicial dissolution is a company compulsory dissolution system which under China's'Company Law'article 183 when there is legal situation cause damage to the interests of shareholders and can not get relief through other means, so the people's court rule dissolving company based on the request of shareholders. The establishment of company judicial dissolution put up a possible way to resolve disputes within the company through judicial process and establish an effective exit mechanism for shareholders. However, the company justice dissolution system was established for a short time, there are still many imperfections. This article make recommendations to improve the related legislation from the company justice dissolution system basic theory and based on the analysis of existing legislation and the needs of our judicial practice. This paper is divided into four parts:The first part is an overview of the company judicial dissolution system. Company judicial dissolution system takes the shareholders disappointed reasonable expectations theory, theory of appropriate intervention,theory of rights judicial relief as the theoretical basis.It has the functions of maintenance legitimate interests of shareholders, the interests of stakeholders, social stability and economic order, make up for lack of corporate autonomy and other functions.The second part analyzed the China's company judicial dissolution system application. According to China'Company Law'requirement, the company judicial dissolution system has the substantive elements and form elements when applies, including the operation and management of the company in serious difficulties, the company continues to exist would lead a significant loss of shareholder interests, and can not be solved by other means,has eligible shareholders. In judicial practice, we need to correctly understand, identified serious management difficulties, the interests of shareholders subject to significant losses, the nature of other channels.The third part is the proceedings of China's company judicial dissolution. Company judicial dissolution belong to a special civil action, the company judicial dissolution's jurisdiction, litigants, the principle of trial, mediation, referee has special rules. For example, the company judicial dissolution trial follow the principles of priority of corporate autonomy, the principle of balance of interests, give priority to the alternative measures, force dissolution prudently.The fourth part analyzed company judicial dissolution system legislation status and improve path. The establishment of judicial dissolution of the company is a progressive legislation, but there is a lack of judicial dissolution of the company's alternative remedies, lack of company judicial dissolution related procedural rules, the mechanism of prevent misuse of company shareholders request right is not perfect and so on. The legislation need to further improve the company judicial dissolution alternative relief measures, improve judicial dissolution related proceedings rules, improve the mechanism of prevention abuse of shareholders judicial dissolution claim right.