Research On The Reasons Of Judicial Dissolution Of The Company

Judicial dissolution of a company is one of the methods of company dissolution.Article 182 of the "Company Law" stipulates the conditions for judicial dissolution of the company.The above three conditions are considered to be the "trilogy" in the determination of the company’s judicial dissolution.In the process of adjudication,the court will first determine whether the accused company has encountered operational and management difficulties as stipulated by the Company Law.Article 1 of the "Interpretation of the Company Law(2)" detailed the relevant circumstances of the company’s management difficulties,and has also become the basis for the court to determine whether serious difficulties have occurred during the judgment.However,due to the generality of legislative terms,there are disputes in practice on how to interpret and use this element,so there are differences in the application of this provision.In addition,with regard to the determination of significant losses in the interests of shareholders,in practice,the interests of shareholders are often associated with the investment objectives of shareholders,and the interests of shareholders are often regarded as damage to the shareholders’ property interests.The interests of shareholders are deemed to include both property interests and management interests.There are fewer cases of comprehensive rights.Under the influence of the corporate maintenance principle,if the company can be prevented from being dissolved by other means,shareholders and the court can resolve the company’s deadlock through mediation,equity transfer,etc.However,in judicial practice,other means are used to alleviate the success of the company’s deadlock.There are very few cases.Finally,shareholder oppression is in a blank state in my country’s company law,but in specific corporate judicial dissolution cases,shareholder oppression has become one of the reasons for dissolution in a small number of cases.The purpose of the establishment of the judicial dissolution lawsuit of the contact company is that the company’s judicial dissolution system aims to provide shareholders with a way to withdraw from the company,so as to terminate the barriers to humanity among shareholders and end bad shareholder relations.Therefore,management difficulties should be focused on the internal company.Management difficulties.The profitability of a company is not a criterion for determining whether a company is to be dissolved,and in practice there are many cases of companies that are profitable but have been dissolved.According to the theory of reasonable expectation,shareholders should enjoy two rights when investing: property rights and management rights.Only in this way can the interests of shareholders be more comprehensively protected.When it is difficult to successfully achieve the purpose of mediation through mediation,equity transfer,etc.,other alternative ways should be explored to solve the problem.Finally,when shareholder oppression has seriously affected the company’s overall management,it can be used as one of the reasons for dissolution to promptly terminate the oppressive behavior of controlling shareholders on small and medium shareholders and terminate the discordant relationship.