The Application Of Judicial Dissolution To Oppression Of Shareholders In Limited Liability Companies

Judicial dissolution provides shareholders with an exit opportunity by judicial power.Article 182 of Company Law of the PRC stipulates judicial dissolution of deadlock.Judicial dissolution in the United States has a wide coverage.Apart from deadlock,oppression is one of the grounds for judicial dissolution,by which commercial disputes caused by oppression could be properly resolved in practice.It also provides effective resolutions for shareholders whose legitimate right and reasonable expectation is damaged.Also,it is necessary to introduce relevant rules and alternative resolutions to further improve the judicial dissolution.Chapter ? is an introduction.It talks about judicial dissolution under oppression,which is based on the practice and legal system both in China and the U.S.Relevant research therein is on the basis of a large amount of related rules and regulations and secondary sources.Chapter ? works as a review of judicial dissolution in China,and refers to corresponding legislative status in China.Combined with the empirical analysis,it expounds the specific application and existing issues.Apart from judicial dissolution under deadlock,it also raises oppression of shareholders problems encountered in the judicial practice.Causes and performances of oppression is analyzed,and a series of representative cases in China's judicial practice reveals the actual problems encountered by oppressed shareholders,and corresponding judicial remedies is under reexamination.Chapter ? talks about judicial dissolution in the U.S.After introducing judicial dissolution generally,it focuses on detail analysis of corresponding grounds.Confusing and similar concepts are illuminated,and,from the perspective of legal provisions and relevant theories,the concept of oppression is detailed analyzed.Particular,it focuses on the identification criteria for oppressed shareholders to claim judicial dissolution,and relevant alternative resolutions to possible abuse of litigation right in practice.Chapter ? reveals the inadequacy of relevant legislations and rules requiring further improvement of judicial dissolution in China,by comparing with the U.S.This chapter proposes to establish such a judicial dissolution mechanism under oppression,in which alternative resolutions considered to be an important constituent part through putting forward practicable and feasible opinions and suggestions in our country.