公司司法解散制度的现实偏差民商法专业论文.docx

1 1 2 2 Abstract The purpose and mission of the establishment of any system are protecting the interests of certain subject. Any system has its due value orientation. The value orientation of a system is up to the theory foundation of the system and the social environment in which the system operate. Whether a system contains the value orientation is the most important standard of whether the system is effective and can solve practical problems. As one of the basic system of company law, the establishment of company judicial dissolution system is not to end the ways of the company winding-up , to reveal the perfection of legal system. The real value of this system is to give the shareholders a final judicial relief way, when internal contradictions and disputes occur in a company, shareholders reasonably expected interests being infringed while the contradictions and disputes can’t be solved. Therefore, protecting the interests of the shareholders is the original reason this system established . If our company judicial dissolution system want to play its proper role, it should proceed from the system theory, combining with the specific social environment of the the system implement , and realize its value in the legislative and judicial practice . This paper adopts the method of theoretical research and empirical research. Beginning with the value orientation of the company judicial dissolution system, this paper will arrive at the deviation of the due value orientation that our current system of judicial dissolution of company have by comparing the the realistic orientations and ideal orientations, and then reflect the defects of this system in our country . At last,this paper will put forward some legislative suggestions according to its value orientation. Besides the preface and conclusion, this paper is divided into four parts: The first part will analyze the value orientation that judicial dissolution system of company should have, based on the function, the ba