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Research on the Comparision of Company Judicial Dissolution between China and Japan

Author: XiangShanShan
Tutor: LiWeiQun
School: East China University of Political Science
Course: Legal
Keywords: Judicial Dissolution Corporate deadlock Comparative Study Improvement of legislation
CLC: D931.3
Type: Master's thesis
Year: 2010
Downloads: 94
Quote: 0
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Abstract


In the newly revised \The provisions of the Companies Act to make too principle , there is no specifically designed specific procedures , thus leading to a series of questions and confusion in the judicial practice . June 2005 , Japan adopted a new Code of Japan \worth our reference . Based on this, the paper attempts to study from the perspective of comparative law , the Sino-Japanese Judicial Dissolution . Through a comparative study , summed up the similarities and differences of the two companies Judicial Dissolution , and put forward a sound China provides recommendations on this basis . This article consists of four parts : the first chapter , judicial dissolution of an overview of the system . In this chapter first introduces judicial dissolution , What is the difference between it and the dissolution of the company . And then analyze the functions and features , to lay paving the way discussed below . The second chapter , the Judicial Dissolution of the main theoretical research . This chapter describes the theoretical basis for the dissolution of the judicial system , including the company contract theory , dashed expectation theory, shareholders ' fiduciary duty theory, theory of fairness and justice . Theoretically proved the appropriateness and necessity of judicial dissolution . Chapter III , the Sino-Japanese Judicial Dissolution Comparative Study . This chapter describes the dissolution of the judicial system in China is how to establish it , and its current situation in Japan . Chapter Judicial Dissolution of the Sino-Japanese Comparison and Reference . This chapter two aspects from the substantive issues and procedures designed to compare the similarities and differences of the Judicial Dissolution and proposed to improve the dissolution of our judicial system recommended by drawing on the legislative achievements of the Companies Act of Japan .

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