The Judicial Dissolution Of Corporations Of Our Country

China’s "company law" article 182 established the company judicial dissolution system. The article made a highly generalization about the claim subject of the company judicial dissolution lawsuit, legal reasons and whether the exhaustion of other ways to carry out the provisions. Because the company law on the provisions of the company judicial dissolution is ruled too narrow, rough and fuzzy in the company law, so in the judicial practice, there exist the problems that similar cases can not be resolved in the same way, which reduce the value of our judicial performance. In order to clearly understand the implementation of this system in the judicial practice in China, this paper summed up the controversy points of the case through the analysis of typical cases: the subject’s scope of litigation is too narrow, which will cause many rights and interests of the related party can’t be guaranteed; the reason of dissolution just includes the company deadlock, not other reasons to damage the interests of shareholders; both the replaceable relief measures and the problem that how to set up the pre procedure are not regulated etc.. In this paper, by analysis some foreign legislation and practice, the different points of some domestic scholars and experts are helpful for the system to solve these problems and put forward suggestions to perfect itself; in order to protect the interests of the shareholders and the related party, we should enlarge the subject of the right of company judicial dissolution. We can not only consider the shortage voting right ten percent of the shareholders, also can consider other related people outside shareholders. To prevent malicious litigation can not be at the expense of the rights of minority shareholders, and it is necessary to set up malicious litigation mechanism and compensation mechanism. While for the reason of dissolution, company operation management still has the oppression expect the company deadlock. The company suppresses small shareholders’ rights and interests, so the company’s oppression should be included in the reason of company dissolution and also should be refined specifically to prevent that too much discretion cause judicial corruption. Now China’s company law had not ruled specific replaceable measures and the pre-procedure for the shareholders put forward the company dissolution litigation. There are many replaceable remedies, which can be divided into autonomy within the company replaceable measures and outside the company replaceable measures, such as perfect the articles of the company for the internal instead of measures by mediator in non judicial mediation. These measures will be arranged to be set to pre- procedure can protect the interest of shareholders and other related people better, while speed up the process of legislation in this field will prevent malicious litigation and play an important role in saving judicial cost.