The Empirical Study Of Judicial Dissolution

The Company Law of the People's Republic of China stipulated the company's judicial dissolution system in 2005. The term of 183rd has a deep value connotation, which expands the company's relief way. In 2008, the judicial explanations of the Company Law of the People's Republic of China classified some issues about the rules of judicial dissolution. However, people's courts are still lack of specific measures when apply to this system, which has caused great controversy in the trial practice. This thesis is based on the empirical research, which analyzes 300 copies of written order of Second Instance about the company judicial dissolution in dispute situations. The goal of this paper is to make the judicial dissolution system more concrete and more workable in practice according to the law of theory and empirical research data.This thesis can be divided into six chapters. The first chapter introduces research background, research status, research contents and methods.The second chapter is a general description of judicial dissolution system. The theoretical basis of judicial dissolution, the situation of legislation in our country and the value connotation are analyzed.From the third chapter to the fifth chapter, applications of the judicial dissolution in the judicial practice of our country are discussed. The third chapter analyzes the judicial judgment standard based on the empirical study of judicial interpretations of four cases respectively. The forth chapter emphatically analyzes "business risk ", "minority shareholder", " the scope of the stakeholders", and "expected loss of interests". Finally the scope of "heavy losses" is defined. In the fifth chapter, the "other way of solutions" is classified. Since the law in our country has not stipulated "the other ways" specifically, this article puts forward some solutions to solve the dispute by referring to the practice of foreign countries.The sixth chapter is the summary of the whole thesis. The characteristics of the judicial dissolution of the company are summarized through empirical research data firstly. Then this paper proposes that the system of judicial dissolution should "establish the mediation system", "pay attention to the minority shareholder ", "clear the specific regulations", "classify company types", " strengthen the protection of the interests ", "balance the interests of shareholder and social responsibility" and "keep prudent attitude in justice".