公司司法解散的案例分析民商法学专业论文.docx

1 1 2 2 Abstract The dissolution of the Company judicial system in the United States, Japan and other countries have long developed and it more mature。in 2005, the newly amended Company Law of China’s Article 183 provides that the rights of shareholders enjoy filed an action for the dissolution of the company。 This is the first time that China Company judicial dissolution system introduced it into our legislation, shareholders get relief under the state of corporate deadlock,。It has a very important significance for the dissolution of the company to make up and perfect the original Company Law system. But because of its fuzziness and general rules ,also make the judicial practice in operation chaos. This article is based on the relevant typical cases of the court, through the analysis of article 183 of the law, the definition and related legal analysis, hoping to further clear the applicable condition of judicial dissolution of company system in China. This article is divided into three parts, the main content is as follows: The first part, the article introduces the company dissolution litigation cases, the arguments on both sides of the pleadings and the court trial briefly, which make the foreshadowing for later analysis. The second part, it a brief summary of the case related to the focus of controversy, the two controversial focus extract is whether the defendant company belongs to the operation and management of serious difficulties continue to exist, the interests of the shareholders will be a significant loss and “the plaintiff sued whether the case can not be solved by other means ”. The third part，it an overview of the legal theory of the case involved.Detailed elaboration of the relevant legal principles, and Judicial Dissolution of the system the impasse of company management difficulties with the company, the company continues to exist and the interests of the shareholders will be a major loss, other means can not be solved so clear view combined with t