Research On Judicial Intervention In Judicial Dissolution Disputes Of Companies

As a legal fiction subject,the company,like a natural person,has "birth" and "death".The judicial dissolution system is a form of the company moving towards "death" under the intervention of judicial power.Article 182 of the current company law and the judicial interpretation（II）of the company law have made provisions on China’s judicial dissolution system,but this provision limits the scope of application of the judicial dissolution system to the company deadlock and completely excludes the increasing shareholder oppression in practice from the scope of application of the system,so there is a defect that the scope of application is too narrow.In order to better improve the applicable standards of law,this paper adopts the empirical research method,more intuitively presents the shortcomings of the judicial dissolution system in practice by drawing charts,and tries to put forward some reasonable suggestions on the judicial dissolution system in China in combination with relevant foreign legislation.This paper is divided into six parts.Part Ⅰ: introduction.This part mainly introduces the background and research significance of this paper,research content and research focus,research methods and literature review.Under the background of the continuous strengthening of the legalization of China’s state-owned business environment,a new round of revision of the company law has been put on the agenda.A good business environment should be a business environment in which enterprises have smooth access to the market and the government makes joint efforts in front and back-end reform.As a way for enterprises to withdraw from the market,an in-depth and thorough study of the judicial dissolution system is of great significance not only for the protection of the interests of investors,but also for further optimizing the rational allocation of resources,or for creating a good business environment.Part Ⅱ: raise questions.Starting from two specific cases in judicial practice,this part points out that the current judicial dissolution system in China has the defects of fuzzy application standards and too narrow application scope.Local courts have deviations in the understanding of the system,which often leads to the phenomenon of different judgments in the same case.Therefore,it is unable to solve the increasingly emerging situation of shareholder oppression in practice from the judicial level.Part Ⅲ: the theoretical value of judicial intervention in the company dissolution system.Starting from the basic theory,this part makes a comprehensive analysis of the judicial dissolution system,including the claim basis of the judicial dissolution system,the historical evolution of the judicial dissolution system,the theoretical evidence of the judicial dissolution system and the functional direction of the judicial dissolution system,so as to try to have a deeper understanding and grasp of the judicial dissolution system.Part Ⅳ: empirical analysis.This part makes full use of the method of empirical research,selects the relevant judicial documents with the "company dissolution dispute" as the cause of action from 2011 to 2021 through "Weike advanced legal information database" and "China judicial documents network",and summarizes the current identification status of serious difficulties in operation and management in the case of judicial dissolution in the current judicial practice by means of visual charts,And points out the shortcomings.Part Ⅴ: analyzes the reasons for the deficiencies of judicial intervention in the company dissolution system.This part points out that the reason for the deficiency of judicial intervention in the company dissolution system in judicial practice is that it blurs the distinction between business difficulties and management difficulties,and fails to clarify the consistency of corporate deadlock,shareholder oppression and governance difficulties.It believes that the fundamental focus of serious difficulties in operation and management should be governance difficulties from the perspective of management difficulties,The essence behind it is that the failure of corporate governance mechanism leads to the loss of the foundation of corporate human cooperation.At this time,the management difficulties should include two situations:corporate deadlock and share oppression.Part Ⅵ: put forward suggestions to clarify the reasonable boundary of judicial intervention in the company dissolution system.This part first analyzes the feasibility and necessity of bringing the situation of shareholder oppression into the cause of judicial dissolution,and points out that based on the negative external characteristics of the judicial dissolution system,we should delimit a reasonable boundary for the application of the system,clarify the cause of blocking dissolution,and further improve the alternative measures of judicial dissolution,so as to prevent the malicious litigation of shareholders and the improper intervention of judicial power on corporate autonomy.