On The Causes Of Judicial Dissolution Of Chinese Company

The development of the company system is a response to the degree of social and economic development,reflecting the development and improvement of the economy.Among them,the company dissolution system is a way for shareholders to quit the company freely.The dissolution of a company is an act of terminating the company’s business activities and liquidating the company’s finances.The purpose is to eliminate the company’s legal personality.Injudicial practice,there are a large number of disputes among shareholders.The development and improvement of the judicial dissolution system is a major step forward in the company system.It can improve the exit mechanism of shareholders and safeguard the rights and interests of minority shareholders.We mainly discuss the constitutional reasons for the judicial dissolution of the company.In the process of actually hearing the case,because the legal provisions are too general,the specific identification is mainly based on Article 182 of the Company Law and the Judicial Interpretation of the Company Law.The provisions in(2)are the main basis,and the corporate deadlock is the cause of dissolution,which limits the relief of shareholders’ rights.Here is mainly based on the case,to explore the problems in the case,to analyze the focus of the case in light of the provisions of the current law,and whether the provisions of the current company law for judicial dissolution are comprehensive.How to incorporate shareholder repression into the cause of judicial dissolution of the company,and to build a more rational and scientific system of judicial dissolution,so that the judicial dissolution system can not only meet the needs of the real legal environment in theory,but also truly solve the judicial practice.Specific issues.In 2012,the Guiding Case No.8,also known as "The Case of Lin Fang Qing",explained how to determine "the company’s operational management is seriously difficult",but whether the corporate deadlock should include all the judicial dissolution of the company In the legal cause of the judicial dissolution of the company,it still needs to be resolved.First of all,it sorts out the current laws and regulations on the cause of judicial dissolution of Chinese companies,and finds that the problem of shareholder disputes in practice cannot be completely solved.Secondly,the concept of corporate deadlock,shareholder suppression and"management management difficulties" is clearly defined.The necessity of including shareholder repression into the cause of judicial dissolution of the company;finally,proposing its own views on the improvement and research of the legal dissolution of the company’s judicial dissolution,discussing two paths,choosing to expand the judicial interpretation method to include shareholder suppression,and at the same time dissolving the applicable judicial system.The conditions of the matter are strictly limited.Through the study of the case,we can find out the dilemma in the actual trial,grasp the need of trial practice and carry out subsequent improvement,and provide a more perfect solution to make up for the problems existing in the current trial.Here mainly refers to the cause of the judicial dissolution of the company.Research on different scholars’ views and judicial dissolution systems of national companies.China can add the shareholder suppression as one of the reasons of the judicial dissolution,try to cover the multiple situations of closed corporate heterosexual barriers,and provide more effective relief for shareholders.At the same time,the suppression of shareholder participation will lead to malicious litigation arising from the abuse of shareholders’ rights.Therefore,it is necessary to prevent opportunistic litigation and propose corresponding preventive measures.