Perfection Of Company Judicial Dissolution Of New Exploration

The judical dissolution of corporations, as a withdrawal machnism for a company in corporate deadlock, is very critical to the shareholders, creditors and society. However, this important system was not in the list of the former Company Law in 1993. This law deficiency has led to deadlock to many minority shareholders. In 2006,China's revised Company Law has introduced this system to provide judical reference for solving the corporate deadlock. But due to lack of manipuility, this general instrument could not meet up with the fast growing lawsuits about judical dissolution. The following Judicial Interpretation Section II on the Company Law has made some complementary regulations. However, comparing with mature systems from oversea developed nations, China's judical dissolution system is still very much in its infancy, while more and more related issues are still needed to be complemented by academy theoritical research and judical practice. This dissertation is trying to analyze and compare the advanced oversea and China's judical dissolution systems, shooting at the defects in legislation and judical practice, to anticipate ongoing complementation of China's judical dissolution. This dissertation is divided into five chapters. Chapter I, the basic theory of jucical dissolution of corporations, introduce the concepts and categorization, the basis of legal principle and defects of judical dissolution of corporations. This part is the basis of the dissertation, providing groundwork of legal theory for the following chapters. Chapter II, the necessity of judical dissolution, clarify the practical importance of developing judical dissolution system, by description of corporate deadlock and oppression. Chapter III, the current situation and defect of judical dissolution of corporations in China, introduce the historical evolution of China's judical dissolution system and indicate its deficiency and insufficiency from both legal entity and procedure by comparisons and analytical methods. Chapter IV, the historical origin of oversea's jucical dissolution of corporations and achievement of theoritical research from acedemy abroad. By introducing the judical dissolution of United Kindom, United States of America, Germany and Japan, the author is trying to provide models for reference for China to complement the judical dissolution system. Chapter V, the exploration and optimizaton of China's judical dissolution system of corporations, propose some opinions about modification and suggestions from both entity and procedure parts to the defects and problems of China's judical disslution system as descibed in Chapter III. Due to the huge destruction of Judical Dissolution system to companies, we should pay much more attention to apply such system and trun to other alternative remedy first. In particular, the author has disucssed in this chapter about the reality of the introducing of the system of involuntary stock deal, an alternative remedy measure, into China on the background of current judical dissolution system.