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

Author: Shanghai Higher People's Court
Publisher:
Publish Date: 2006-02-01
Features: Due to the limited legal practice regarding companies at the time the Company Law was enacted in China, the judiciary has gradually encountered some difficult and unresolved 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 solutions. They have creatively applied company law principles to a large number of new and complex cases, delivering judgments that have both excellent legal and social effects. This book is a result of judges summarizing their judicial experience and conducting in-depth discussions on these issues.
As the basic 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. The number of company-related lawsuits accepted by courts has surged. Due to the simplicity and principle-based nature 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 there is also a lack of uniformity in judgments among different courts.
To address these issues, the Shanghai Higher People's Court has organized experienced expert judges to compile this book, analyzing and providing solutions to the difficult problems 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 they have been proven to be effective through practice.