Analysis of the Development Path of Judicial Dissolution System for Companies in China
The judicial dissolution system of companies in our country originates from Article 182 of the Company Law and Article 1 of Judicial Interpretation II,which defines the cause of judicial dissolution as"serious difficulties in company operation and management".The ambiguity of legal provisions increases the difficulty of judicial application.At the same time,the use of compulsory force by state organs to dissolve a joint venture company will inevitably break the autonomy of the company and go against the will of some shareholders.Its legitimacy lies in solving the contradiction between the majority decision of the closed company's capital and the equity structure under the premise of joint venture failure,and protecting the interests of small and medium-sized shareholders.Based on the analysis of typical judicial cases and extraterritorial systems,two improvement paths for the judicial dissolution system are proposed.One is to establish applicable standards that prioritize the obstacles of human cooperation in the operation of company functional institutions,supplemented by the protection of the interests of small and medium-sized shareholders;the second is to establish a judicial dissolution alternative relief mechanism,including equity repurchase and equity transfer,to improve the unity and effectiveness of the judicial dissolution system in practice.
万方数据
维普
