| The company judicial dissolution system is an important one in the company law. It started from the company development, evolved with the company law, developed on the protection of the shareholder rights and interests. Judicial dissolution system’s history began in British. It fast spread around countries in the world including China. Because of the late start of Chinese market economy, development of the Chinese company law is still in a phase of exploration. In the process of continuous development and process, its theoretical and practical significance is more and more taken seriously. In addition, In the course of business operation, there are more and more real problems, especially the urgent requirement about the protection of company’s business, survival and shareholder rights, they all need our company law refine and improve the company judicial dissolution system as soon as possible. This process is not only to promote the healthy development requirements of the socialist market economy, but also the helpful measures of safeguarding social fairness and justice.For the current Chinese company law provisions of judicial dissolution, although after the improvement of judicial interpretation in 2008, it refined the subject who apply for dissolution, the subject who start program and the qualification requirements. But in the specific application of law, there still reflects the loss of defining subject, dissolution prevail and many other rules. When the court handles these kind of cases, the disadvantages of regulations are explored obviously. At the same time, it makes judicial practice very awkward and the judicial problems emerge in endlessly in practice. This paper studies about China’s company judicial dissolution system, judicial dissolution legislative and judicial practice, summarize our current problems in the judicial dissolution, propose concrete measures to improve on the company judicial dissolution system.The full text is divided into five parts: The first part describes the concept and basic theory of the company judicial dissolution, analyzes legal basis for the company judicial dissolution and the necessity of perfecting this system. The above plays a fundamental role which is the prerequisite for the construction of judicial dissolution system; The second part elaborates foreign company judicial dissolution legislation and evaluation, through the introduction of foreign laws to evaluate those characteristic of foreign advanced rules, and based on the comparison to find our relevant laws’ defects and conflicts, that lays the foundation of building legal system for following text; The third part is a summary of the first two part which can sum up our judicial dissolution legislation current situation and the existing problems; The fourth part undertakes the third part closely, it advises some suggestions to improve our judicial dissolution system, it is worth noting that this part is the destination of full text; The fifth part is the conclusion, it summarizes the paper’s major points. |
