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The Study of Judicial Dissolution System from Judicial Activity Perspective

Author: JingBo
Tutor: WangZuo
School: Wuhan University of Technology
Course: Economic Law
Keywords: Judicial Activism Judicial Dissolution Judicial mediation Alternative remedies
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 56
Quote: 0
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Abstract


Judicial dissolution of the system is not fair, fair phenomenon derived from the company's operational management with jurisdiction intervention to solve, and the company in the interests of vulnerable groups to grant legal protection of the Companies Act, 2005 \People's Court on the application of the lt; PRC Company Law gt; Provisions on Several Issues (II) \However, the level of real contingent legal provisions expressed \uneven development, the regional judicial environment differences exist referee results may lead to bias. To change the law or to continue the introduction of judicial interpretation of course, you can get rid of the existing legal predicament, but the law, after all, not the subsumption of all social phenomena, I think by a tide of reform of the judicial system to resolve the problems revealed in the current judicial practice, the transformation of judicial philosophy play court in dynamic role in the practice of the system of judicial dissolution, from the source to resolve the conflict between the parties should be concerned about the problems of the judiciary. Important, realistic social significance for the transition period has remained active and negative balance of judgment and Mediation, adjust and promote China's judicial reform. Strong advocate of corporate social responsibility, the judicial process should not only be limited to solve the problem of the exercise of the judge's jurisdiction over the parties access to justice in cases of civil and commercial disputes referee, this process requires a judge by the measure of social interests, social value judgments as well as the understanding of the social attitudes gradually fill the legal void. Even in the common law tradition, the court jurisprudence countless judges can to some extent make law of common law countries, to date there are still many unresolved fundamental issues. China's judicial dissolution system is a product of the times, cover only a relatively narrow and also very limited areas. Company legislation, judicial practice, whether it has issued a judicial interpretation, or the accumulated experience of the judges in the magistrates or judges in the development of legal loopholes, given the positive to supplement statute omissions power through the judicial process, the actual on implicit judicial process has an opportunity to generate the right of initiative. This article is based on the above understanding and judgment, the judicial philosophy of Judicial Dissolution of the system as well as the judicial process, the implication of the analysis, in order to find the best fit of the two points, in order to build a judicial dissolution of the institutional framework in line with China's national conditions.

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