自治与干预的平衡:公司解散原因之本意

Balance between Self-Governess and Interference:Essential Reason for the Company's Dissolution

公司解散制度是调整公司退出市场的一项重要制度。自愿解散与司法解散是公司解散的两类重要原因。自愿解散是公司自治的必然需求,而司法解散则是司法干预的结果。多类原因并存的客观性,必将导致公司自治与司法干预的冲突,深入剖析公司解散原因是协调二者的必然要求。

The mechanism of dissolution is an important legal system for a company to withdraw from the market. It can be classified into two types： voluntary dissolution and judicial mandatory dissolution. The former is the reflection of the system of company self-governess; while the latter is a result of the judicial interference. A company may be dissolved for both internal and external reasons; therefore, it is inevitable that the voluntary dissolution and judicial mandatory dissolution are often contradictory. Hence it is quite necessary to further analyze the reasons for dissolution so as to harmonize the two.