Research On The Applicable Conditions For Judicial Dissolution Of Companies

The lawsuit of judicial dissolution of the company is rooted in the Anglo-American legal system countries.‘Company Law' was amended in 2005 to add a judicial dissolution system,filling the gap in the ‘Company Law'.Because China's judicial dissolution system has not started for a long time,the theoretical research and judicial practice of the system are especially tender.Therefore,it is of great theoretical and practical significance to carry out more in-depth research.From the perspective of legal interpretation,basing on current relevant legal provisions,combining the practice of foreign legislation,discussing the applicable conditions of the judicial dissolution.‘Article 182' stipulates four specific applicable conditions.It must meet the four requirements of the legislative provisions,and the court can decide to dissolve the company in the trial of a specific case.Whether it is from the legislative subject of ‘Article 182'or the interpretation of the ‘Judicial Interpretation of the Company Law(II)',the complaints of the company's judicial dissolution are all pointing to the company's deadlock,not including the company's business disputes.That the company's business management is seriously difficult includes both the operational level and the management level and both must be available at the same time.Only the serious difficulties in business management caused by the company's stalemate is the application of judicial dissolution.If the control stock control company,minority shareholders malicious litigation,shareholder conflicts and other business disputes do not meet the above conditions,the judicial dissolution cannot be applied.The principle of corporate maintenance requires the use of judicial dissolution of the lawsuit,and the drawbacks of the judicial dissolution require that the principle of corporate maintenance must be adhered to.Shareholders Who lost interests should refer to all shareholders,not just the plaintiff shareholders.Although there is no clear standard for significant loss of shareholder interests,it can be considered in combination with a variety of factors.That cannot be resolved by other means should be the substantive requirements of the people's court to dismiss the company,not the conditions for deciding whether to accept the case.Other ways include internal resolution of internal disputes,as well as other judicial solutions such as shareholder rights litigation and shareholder representative litigation.Also pay attention to the role of the court in the mediation process.Onlywhen it is true that no other way can solve the stalemate can the judgment be dissolved.