An Study On The Rights Of Dismissing The Company

One of the most significant features of a limited liability company is human unity, which means the establishment of the company is based on the trust between the shareholders. Comparing with the feature of public company, the public company think highly of the characters based on capital. While the limited liability company stress on the trust. But it is this characteristic led to the closure of the limited liability company, making shareholders hard to transfer the stocks. As a result, it become a problem when the shareholders fall into serious quarrels and they can’t resolve the problem by transferring stocks or other means.Article183of Company Law, which was amended in2005, sets out the rights of dismissing the company. This stipulation announced the establishment of the shareholder dismiss the company litigation system. Not only to protect shareholders’rights, but also allows the court to dissolve the company, no longer limited to the administrative dissolution and the dissolution of voluntary.However, due to the imperfect provision, like too less remedies, inaccurate language usage...Resulting in the legislative purpose contrary to the practice. For example, some shareholders use the right to obtain an illegal benefits by threatening-other shareholders. Too less remedies may it unfair to the other shareholders. Due to the different interpretation and application about provisions, the courts’ruling on the same case are not always the same, and so on.Therefore, this paper from the theoretical and practical aspects to analyze the necessity and significance of rights of dismissing the company. The author using legal empirical methods to analyze the court’s cases and make a comparative analysis from two countries. In the final, given the proper suggestion on the modification of the Company of Law.