Analysis of Difficult Issues in Company Law - 2006, 3rd Edition

Author: Compiled by the Higher People's Court of Shanghai
Publisher:
Publish Date: 2006-02-01
Features: Since the implementation of the Company Law, China's legal practice regarding companies was not yet extensive. As a result, the judiciary has gradually encountered some unresolved and complex issues in current judicial practice. For example, the exercise of shareholders' dividend claims, derivative lawsuits by shareholders, the liability of founders and shareholders for capital contribution, judicial relief for corporate deadlocks, and so on. Faced with an increasing number of company-related cases, our judges have bravely explored and applied company law principles, creatively applying the law to a large number of new and complex company law cases, delivering judgments with both excellent legal and social effects. This book is a product of judges summarizing their judicial experience and conducting in-depth discussions based on this foundation. 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 principles of China's Company Law and the lack of related systems, a large number of controversial issues have emerged in the adjudication of company lawsuits, and inconsistencies in judgments exist 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 complex issues encountered in judicial practice. The solutions to these complex 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.