论公司司法解散-法学专业论文.docxVIP

On On Jud i c i a I D i SSO l ut i on of Company Abstract Degree：Jurist Master Major：Economi C iaw Author：Q{U Yu xiao Tutor：Professor gu gong yun Deadlock of corporate management and abuse of shareho]der’S rights by controlling shareholders are unavoidable phenomenon in the operation of modern company．When the problems arise，company iaw scholars， lawmakers and judges face an important task of providing legal remedies flor deadlock of corporate management and protection of minority shareholders’interests．In China，both scholars and judges have long been hesj tant to intervene in shareholder disputes on the grounds that judicial j ntervention could easily become judicial infringement of int ern±iI affairs of company．Article 183 of Company Law，which was amended in 2005，sets out“where a company meets any serious difficulty du『{ng itS operation or management SO that the interests of the shareholders Wi 1l be subject to heavy loss if it continues to exist and it cannot be SOlred by any other means，the sharehoiders who hold ten percent or‘more of the voting rights of a11 the shareholders of the company may plead the people’S court to dissolve the company”．ThiS drticle f J 1 ls the vacuum in legislation governing Deadlock of corporate management and abuse of shareholder’S rights by controlling sharehoI ders and opens the door for cases relating to deadlock of corporate management．The court，however，is faced with a daunting task of deal i ng wi th these cases due to the fact that Company Law was amended ．just ．just a short time ago，rules of judieial dissohtion of company have some 1 onpho]es，and reI evant procedural rules are lacking．The legal rules of judicial dissolution of company still fall short in China．Lawsuits O r judi ciaI di ssolution have been deemed formidable in the civil and commercial court．To solve the problems，the author tries to make a comparative legal study through investigating the experiences of legislation and judieial prattice in oth