Analysis of Difficult Issues in Company Law (3rd Edition with CD-ROM)

Author: Compiled by the Higher People's Court of Shanghai
Publisher:
Publish Date: 2006-02-01
Features: Since the Company Law was enacted, China's legal practice regarding companies was not yet well-established. As a result, 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 and applied company law principles, creatively applying the law to a large number of novel and complex cases, resulting in judgments with both excellent legal and social effects. This book is a product of the judges' summarization of judicial experience and in-depth discussions based on this foundation.
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 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 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 resolving each of 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.