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The company judicial dissolution system analyses

Author: JiangHui
Tutor: BaiGuoDong
School: Fudan University
Course: Legal
Keywords: Corporation Law Judicial dissolution Corporate deadlock Rights of shareholders
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 49
Quote: 2
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Abstract


From the perspective of market-oriented economy, corporations are overwhelming in the modern society and the play an important role in the market-oriented economy as the progress of our nation’s construction of market-oriented economy speeding up. As an individual act established by the law, corporations are the most common and active market act, in the market-oriented system. As one of the basic law, Corporation Law becomes more and more important. As the rights of shareholders are violated, while the corporation can’t make agreement on resuming their rights or dissolving corporation, the shareholders trespassed should be entitled to safeguard their rights through such various remedies as applying for dissolution of corporation. Prior to the revision of Corporation Law, however, there is no clause about corporation dissolution in our country due to some reasons. Legislation absence leads to loss of shareholders’ rights and confusion of trial practice. On account of this, Corporation Law put in force in 2005 first stipulates the situation of judicial dissolution, but this stipulation is so superficial without systematic operation procedure that it is difficult to realize the effectiveness and punctuality of judicial remedy. Owing to frequent right abuse of chief sharekholders, invalid right safeguard of subordinate sharekholders as well as poor corporation management, constituting a sound corporation judicial dissolution law allows no delay. Establishing corporation dissolution law cannot only provide a tool for subordinate shareholders, but also can prompt the chief shareholders to perform integrity and diligence on the former part. Furthermore, it offers a thorough legal solution to disputes such as resulting from uneven distribution among chief shareholders. With typical cases as an introduction, the writer analyzes the defect of legislation status quo and judicial practice of judicial dissolution law in our country, as well as the subsequent adverse outcome, and also points out that it is an urgent task to perfect present legislation and set up judicial dissolution law. Besides , the writer seeks for the convincing theoretical evidence in terms of both of law and economics and expounds the legislation value and realistic condition of this law. Through employing analysis method of comparative law, learning from the legislation experience abroad and applying to the factual situation in our country, the writer finally proposes the detailed assumption of establishing corporation judicial dissolution law.

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