Study On The Recognition Of The Elements Of Harm Of Interests And Exhaustion Of Remedies In The Judicial Dissolution Of A Corporation

In 2005,China amended the Company Law and set up a judicial dissolution system for the first time,giving shareholders the right to dissolve the corporation through litigation,filling a major gap in the path to dissolution.in 2008 and 2019,the Supreme People’s Court issued corresponding explanations in the Judicial Interpretation of Company Law(II)and the Judicial Interpretation of Company Law(V).However,although the legal provisions have been primed,there are still many problems with this system that need to be solved.On the one hand,the legal provisions themselves are vaguely defined,too flexible and not logically circumscribed.On the other hand,it is difficult to unify the scale of adjudication in judicial practice,and the courts are at a loss when faced with discretionary power and tend to be stereotyped.This article has taken the dissolution of Chengdu T Company as an example and tried to analyze the controversial points of the case: whether the continuation of T Company will lead to significant loss of interests of shareholder C Company;whether the remedies for T Company have been exhausted.Finally,the author takes this case as the starting point to sort out the shortcomings of the current judicial dissolution system of the company in China,and proposes specific countermeasures at the level of judicial determination.