我国司法介入公司事务的困境与出路

Difficulty and solution of judicial intervention in company affairs in China

随着我国社会经济的快速发展,在作为社会主要民事主体之一的公司中法律问题不断涌现,许多公司法律关系亟待司法介入。虽然我国修改后的《公司法》对司法介入公司事务作出了相应规定,但这些司法介入公司事务的制度仍滞后于社会发展需要。有鉴于此,对我国司法介入公司事务的现状从立法、司法、实践层面上予以剖析,从学理上阐述我国司法介入公司事务的种种困境,结合中外公司法的实践经验探讨走出我国司法介入公司事务困境的有效路径,并提出具体的立法建议。

With the rapid development of society and economy in China,legal issues happen continuously in companies as one of the major civil subjects in the society,and many legal relations in companies are in urgent need for judicial interventions.Although the revised Company Law in China has relevant stipulations concerning the judicial intervention in company affairs,these institutions of judicial intervention in company affairs do not catch up with the need of social development.Accordingly,the status quo of judicial intervention in company affairs in China is analyzed from dimensions of legislation,judicature and practice,and the difficulties of judicial intervention in company affairs in China are expounded from theoretical dimension.The effective path of solving these difficulties is discussed combined with the practical experiences of company laws both home and abroad,and detailed legislation suggestions are also proposed.