Analysis of Difficult Issues in Company Law

Author: Compiled by the Higher People's Court of Shanghai
Publisher:
Publish Date: 2006-02-01
Features: Due to the limited legal practice regarding companies when the Company Law was enacted in China, the judiciary has gradually encountered some unresolved difficult issues in current judicial practice. For example, the exercise of shareholders' dividend claims, derivative lawsuits by shareholders, the capital contribution liability of founders and shareholders, judicial relief for corporate deadlocks, and so on. Faced with the increasing number of company-related cases, our judges have bravely explored and applied company law principles creatively to a large number of new and difficult company law cases, making judgments that have both legal and social effects. This book is a result of judges summarizing their judicial experience and conducting in-depth discussions on these issues. As a fundamental form of modern enterprises, companies play an increasingly important role in China's economic life, and the conflicts and disputes arising from company activities are also on the rise, with a significant increase in company-related lawsuits accepted by courts. Due to the simplicity and general principles of China's Company Law and the lack of related systems, many controversial issues have emerged in the adjudication of company lawsuits, and there is also a lack of uniformity in judgments among different courts. To address this, the Higher People's Court of Shanghai has organized experienced expert judges to compile this book, analyzing and providing solutions to the difficult issues encountered in judicial practice. The solutions to these difficult issues in this book are the crystallization of the wisdom and experience of numerous judges over the years, and have been proven to be effective through practice.