Analysis On The Case Of Fu Jun Company Judicial Dissolution

Company is a profit corporation, which operated by the shareholders and directors who exercise their duties, while due to the different management ideas between the shareholders, directors, or unreasonable ownership structure being set, serious divergence of interests or other reasons, led to the company facing management difficulties impasse. By Shi Feng v. Fu Jun Judicial Dissolution of the case, we can see that China's "Company Law" Article 183 determine the mode of judicial dissolution corporate deadlock, the judicial interpretation of the judicial system to dissolve the company deadlock made the appropriate supplement. But the trial in multiple disputes directly reflects the legal norms of the specific situation in our country standards on fuzzy, lack of operability. In terms of the standard of the litigation subject, legal dissolution conditions to completion, the standard such as "continue to survive would suffer significant loss" make the shareholders'interests, or "other ways can't solve" which normative content need to analyze detailly. We can see that the system of our company judicial dissolution still have many shortcomings, such as the principled applicable provisions leads to divergence of views, it is difficult to overcome the traps brought by way of a single system of judicial dissolution, advanced prevention mechanism is lacking. Therefore, it is necessary to build on the analysis of the relevant regulations in China and draw lessons from foreign system on the basis of building the disposal of company deadlock that adapt to the situation of our country's legal system, including the refinement of the Articles of Association, perfecting the proceedings, supplement of alternative remedies. We hope that there is a comprehensive corporate legal system to promote the development of company and the market economy.