论我国公司司法解散认定标准之重构

我国新修订的《公司法》首次对公司司法解散制度作出了明确的规定。但司法解散是一把双刃剑,特别是在我国配套措施并不完善的情况下,适用它将需要更大的成本。要达到最大程度地发挥公司司法解散制度的积极作用,必须明确我国公司司法解散的认定标准,即不符合股东合理预期和百分之十以上股东同意等认定标准。

On Reconstruction of the Standard of the Company Judicial Dissolution in Our Country

The newly revised Company Law has made a clear definition to the system of company judicial dissolution for the first time. But every coin has two sides. It will cost more to keep pace with the system, especially under the background that the supporting measurers are not very improved. In order to have the system of the company judicial dissolution play an active role, we must have a clear definition for the company judicial dissolution of our country. It can＇t meet with the stockholder＇s rational expectation and over 10% stockholders disagree with it.