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A Study on Basic Legal Issues of the Company Judicial Dissolution Lawsuit

Author: ShaJiChao
Tutor: WangLianFeng
School: East China University of Political Science
Course: Legal
Keywords: Judicial Dissolution Company Deadlock Lawsuit Basic legal issues
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 18
Quote: 0
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Abstract


China stipulates some situations of company exit such as voluntary dissolution, bankruptcy, compulsory dissolution in the Article 189, 190 and 192 of 1999 revised“Company Law”. But due to the defects of ownership structure, control structure and Deliberation and voting procedure design of the shareholders’meeting or board of directors, and the inevitable interference of human factors, the company has to face with serious difficulties, and falls into a deadlock without the bankruptcy or dissolution cases. If so, not only special interests of the company, shareholders or creditors cannot be maintained, but also social stability will be destroyed.In order to reduce the adverse effects of corporate deadlock and maintain the market order, our country first stipulates the situation of judicial dissolution in the Article 183 of 2005 new“Company Law”. However, the only one principle article is too simple, and has had many problems in theory and practice. Therefore, further studies on it have important significance in theory and practice.Based on the relevant provisions of our country’s judicial dissolution system, this article thesis gradual deepens in legislative value, necessity and legal basis of the system, and finally analyses basic legal issues of the company judicial dissolution lawsuit in detail. The following thesis is divided into four parts.The first chapter is about general theoretical problems of the company judicial dissolution lawsuit. Through expounding the concept and function of the company dissolution lawsuit, thesis introduces the basic definition, connotation and legal attributes of judicial dissolution lawsuit, and specifies the company autonomy limit should be the basis of the legitimacy of judicial intervention.The second chapter is about the application of the company judicial dissolution lawsuit. First of all, thesis has a discussion on the cases and the applicable premise of the company judicial dissolution lawsuit. Secondly, thesis introduces the classification of specific applications, such as company deadlock and shareholder oppression. Then, thesis analyzes the relevant problems in judicial practice.The third part is about the litigant. For this part, mainly focusing on the qualification of plaintiff and defendant, and other shareholders’ litigation status, thesis discusses the litigant range of the company judicial dissolution lawsuit.The last part is about res judicata of the company judicial dissolution lawsuit. Through expounding the effect of the judgment connotation, thesis introduces res judicata and subject scope, and analyzes and discusses the practical issues related to constructing the dissolution of registration and starting the procedures of liquidation.

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