Research On The Legal Issues Of Alternative Measures Of Judicial Compulsory Dissolution Of Company

As a representation of the intervention of judicial public power in the internal affairs of the company,judicial compulsory dissolution is a severe solution to the impasse of the company.It is also the only compulsory judicial remedy path explicitly stipulated by the Company law so far,with strict conditions for the application of law.Through the establishment of the judicial compulsory dissolution case database,the statistical and visual analysis of the relevant information of the case and the information of the company involved in the lawsuit is realized,the possible disadvantages of judicial compulsory dissolution in specific circumstances are analyzed,and the feasible path of alternative measures of judicial compulsory dissolution is explored.Through the reading of a large number of cases and the analysis of the current situation of relevant litigant companies,it can be found that there are defects in the implementation degree and implementation efficiency of judicial dissolution judgments in practice.The effective judgments are in a state of being "suspended".Most of the litigant companies have not been dissolved as expected by the judgment--some of them are still in operation.However,there is no shortage of "zombie enterprises" whose operations have stalled but whose contradictions cannot be resolved.Although some companies are dissolved,more disputes often follow in the process of company cancellation.From this point of view,the dissolution judgment does not play the expected effect of "cutting the tangle" to settle disputes.At the same time,in the practice of the Company law,there are many judicial decisions of forced dissolution of companies with good operating profits.For these companies that are dissolved but have good operating profits,the process of dissolution and liquidation is not smooth--for a long time,there may still be disputes after the lawsuit of forced dissolution,do they have to face the fate of dissolution? Can alternative measures be used to improve the company impasse resolution path?For the implementation of the judicial dissolution judgment,the company’s operating profit should first be taken as one of the factors to consider whether the judgment of dissolution is made,so as to make the application of the judicial dissolution system more targeted.For the company that is unable to sustain,the dissolution judgment can open up the exit channel for shareholders.And for the company whose business value is still there,it can seek a more "correct" relief path to break the deadlock besides forced dissolution.Secondly,the implementation efficiency of dissolution judgment can be improved through the application of ex officio cancellation system in the execution stage.According to the current situation of commercial judicial practice,the compulsory stock transfer,judicial force separation can be used as an alternative measure of judicial force dissolution.Based on the content of relevant judicial interpretation,it is of theoretical feasibility and practical significance to incorporate the above measures into the system of judicial compulsory measures.The judicial compulsory dissolution system and the above compulsory alternative judicial relief measures,supplemented by the promotion and popularization of soft measures such as corporate relief in advance,jointly build a perfect and diversified judicial relief system for corporate deadlock.