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A Research on Our Company Judicial Dissolution System

Author: MaJianJun
Tutor: YaoBaoSong
School: Zhengzhou University
Course: Economic Law
Keywords: Company Judicial Dissolution System Perfect
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 25
Quote: 0
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Abstract


Our company judicial dissolution system refers to the provisions of Section 183 of the Companies Act, when the legal situation appears to cause damage to the interests of shareholders and unable to obtain relief through other means, the People's Court according to the request of shareholders judgment of dissolution of a company mandatory The dissolution of the system. The establishment of the system of judicial dissolution of the company provides a viable approach to internal disputes be resolved through the judicial process, the establishment of effective shareholder exit mechanism. But our system of judicial dissolution of the Company established a short time, there are still many imperfections. The basic theory of this article from the Company judicial dissolution system, the dissolution of our company judicial system, improving the legislation to make recommendations on the basis of the analysis of current legislation, according to the needs of our judicial practice. The text is divided into four parts: the first part is the Judicial Dissolution of the system overview. Judicial Dissolution of the system to the shareholders of the Company reasonably expect vain theory, Appropriate intervention theory, the right to judicial relief theory as the theoretical foundation, safeguard legitimate rights and interests of shareholders, the interests of the stakeholders, to stabilize the social and economic order, to offset autonomy and other functions. The second part analyzes the application of our system of judicial dissolution of the Company. Substantial elements and formal requirements of the provisions of the Companies Act, the Judicial Dissolution of the applicable elements of the system, including the company's management of serious difficulties, the company continues to exist and the interests of the shareholders will suffer significant losses, can not be solved by other means and fitness the presence of the shareholders. Need to properly understand the judicial practice and finds that the operation and management of serious difficulties, shareholders' interests are significant losses, such as the nature of the elements of the other ways. The third part of our company judicial dissolution proceedings. Judicial Dissolution of litigation is a special kind of Civil Procedure, Judicial Dissolution of litigation in the jurisdiction of the proceedings, litigants to hear principles of mediation, the referee has special rules. Judicial Dissolution of the trial of the lawsuit is to follow the company's autonomy principle of giving priority to the principle of the balance of interests, the alternative measures priority principle, the principle of mandatory dissolution prudent. The fourth part of the analysis of the legislative status quo of our Company Judicial Dissolution system and perfect path. Progress significance of the establishment of our system of judicial dissolution of the Company has legislation, but the legislation is there lack Judicial Dissolution of alternative remedies Judicial Dissolution of litigation related to lack of procedural rules to prevent unsound shareholders Judicial Dissolution of abuse claims . Judicial Dissolution of the alternative remedies of the need for legislation to further improve and perfect the Judicial Dissolution of litigation related to procedural rules, a sound mechanism to prevent shareholders abuse of judicial dissolution claims.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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