Corporate Law Trial Practice and Analysis of Typical Cases

Author: Beijing Intermediate People's Court, Civil Fourth Tribunal
Publisher:
Publish Date: 2006-01-01
Features: Preface With the gradual establishment and improvement of China's market economy system, companies, as the most important commercial entities in the market economy system, are playing an increasingly significant role. Correspondingly, the Company Law, since its promulgation in 1993, despite revisions in 1999 and amendments in 2004, still struggles to keep pace with the development of the market economy. In practice, many issues are not regulated by the Company Law, which directly leads to judges often finding themselves in an awkward situation when handling cases—constantly searching for laws but unable to find them. In some cases, judges have no choice but to guess the legislative intent and spirit, relying on fairness and justice to resolve issues. Many of the cases in this book are born out of such circumstances. This issue has attracted widespread attention, with the revision of the Company Law becoming a hot topic in academic discussions. However, few articles approach the problems of the Company Law from the perspective of judges.
Beijing Intermediate People's Court, as a grassroots court located in the capital, handles a wide variety of cases involving the Company Law in its daily judicial work. From these cases, we have selected those with typical significance and compiled them into this book for various purposes: as a reference for legislative bodies, as empirical research material for scholars, as a source for companies and shareholders to learn from, and as a platform for judges to exchange ideas—aiming to collectively advance the perfection of the company legal system. Promoting the harmonious establishment of the socialist market economy is a shared aspiration of the judges at Beijing Intermediate People's Court. Based on this, judges have dedicated their spare time to compiling this case analysis. Most of the cases selected in this book were once heard by Beijing Intermediate People's Court, though some were adjudicated by other courts. During the writing process, we encourage readers to conduct bold research and express their own opinions. As a result, some comments may starkly contrast with the final judgments. For cases at different stages of litigation, differing perspectives may arise, leading to varied outcomes even for the same type of case. Additionally, judges may hold different views on the same type of case. These variations are reflected in the book and are entirely normal. We hope readers will pay attention to these differences as they read.
Strengthening academic research, advocating theoretical innovation, and cultivating expert and scholar judges are key aspects of the judicial culture initiative undertaken by Beijing Intermediate People's Court. The judges of the Civil Fourth Tribunal, as a specialized court handling company cases, have taken encouraging steps in this regard, demonstrating considerable legal theoretical expertise and research capabilities. We hope this is just the beginning, and may it never end.
As this book nears completion, we were delighted to learn that the 18th session of the Standing Committee of the 10th National People's Congress passed the revised Company Law on October 27, 2005, which will take effect on January 1, 2006. We believe that the revised Company Law will significantly promote the development of companies and enterprises in China and will also assist judges in handling related cases. In the writing of this book, the author has listed the relevant provisions and legislative intentions of the revised Company Law at the end of each case. Readers can compare the old and new versions of the Company Law to better understand the relevant regulations.