Research On Several Legal Issues Of Judicial Dissolution Of Company In China

In 2005,China in the revised "company law" is to absorb the system of judicial dissolution of company,in 2008,the Supreme People’s Court issued a judicial interpretation of the judicial dissolution of the company,in 2010,the Supreme People’s Court issued the guiding case No.8,has opened up a new path for the introduction of these laws to solve company deadlock.The system gives shareholders the right to petition the court for compulsory dissolution of the company and safeguard the rights and interests of the shareholders.But in the judicial practice,the judicial dissolution of the company system did not fully realize its legislative purpose,imperfect legislation and court in company dissolution litigation in a prudent attitude,making the practice of the company judicial dissolution system has great limitations in the protection of the interests of shareholders,and the foreign relative maturity of the company judicial dissolution system in our company the system of judicial dissolution of corporation deadlock relief not only remedy of shareholder oppression,lack to prevent malicious litigation system,the lack of effective alternative system under writtenlawsystem judicial practice in China is difficult to achieve a breakthrough,must be perfected from the legislative level,I think,should be relief of oppression,establish prevention malicious litigation system,and the establishment of a variety of alternative system.This article through the use of historical analysis,comparative analysis and other research methods is divided into five parts:the fist chapter expounds the concept,the system of judicial dissolution of overseas development,characteristics,the second chapter analyzes the company judicial dissolution system in our country to introduce the background and the origin of the law and the legal principle,the third chapter puts forward some problems in China’s judicial dissolution of the company the fourth chapter according to the existing system of the company judicial dissolution system in our country the problems puts forward some improvement suggestions,the fifth chapter summarizes the paper.