Analysis of Difficult Issues in Company Law (2nd Edition)

Author: Shanghai Higher People's Court
Publisher:
Publish Date: 2005-08-01
Features: As the basic form of modern enterprises, companies play an increasingly important role in China's economic life. The conflicts and disputes arising from company activities are also on the rise, and the number of company-related cases accepted by courts has surged. Due to the simplicity and principle-based nature of China's Company Law, as well as the lack of related systems, there have been numerous contentious issues in the adjudication of company cases, and inconsistencies in judgments among different courts. To address this, the Shanghai Higher People's Court has organized experienced expert judges to compile this book, analyzing and resolving the difficult issues encountered in adjudication. The solutions proposed in this book are the crystallization of the wisdom and experience of numerous judges over the years, proven to be effective through practice.
Since the time the Company Law was enacted, China's legal practices regarding companies were not yet well-established. As a result, 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 liability of founders and shareholders for capital contribution, judicial relief for corporate deadlock, and so on. Faced with the increasing number of company-related cases, the authors of this book boldly apply company law principles and creatively interpret the law, delivering judgments that are both legally effective and socially beneficial. This book is the result of judges summarizing their judicial experience and conducting in-depth discussions based on these foundations.