法释[1998]1号
颁布日期：19980115 　实施日期：19980115 　颁布单位：最高人民法院

　　Fa Shi [1998] No.1

　　January 15, 1998

　　Official Reply of the Supreme¹ People's Court to the Question on How to Liquidate² a Joint³ Venture in the Trial of a Dispute Case Arising from the Chinese-Foreign Joint Venture Contract, adopted at the 950th Meeting of the Judicial⁴ Committee of the Supreme People's Court on December 5, 1997, is promulgated⁵ on January 15, 1998 and comes into force as of the date of its promulgation⁶.

　　Official Reply of the Supreme People's Court to the Question How to Liquidate a Joint Venture in the Trial of a Dispute Case Arising from the Chinese-Foreign Joint Venture Contract

　　(Adopted at the 950th Meeting of the Judicial Committee of the Supreme People's Court)

　　To the Higher People's Court of Shandong Province:

　　The Report on Request for Instruction to the Question How to Liquidate a Joint Venture in the Trial of a Dispute Case Arising from the Chinese-Foreign Joint Venture Contract [(1996) Lu Jing Chu Zi No.44] has been received. After deliberation, the reply is hereby given as follows:

　　The first opinion in your court's request for instructions is agreed, i.e., where the foreign party to the Chinese-foreign equity⁷ joint venture brings a lawsuit⁸ in the People's Court, claiming that the joint venture be dismissed and claiming the other party's liabilities for breach⁹ of contract, the People's Court shall make a judgment¹⁰ on such issues as the validity of the joint venture contract, whether to terminate the joint venture contract, and the liability for breach of contract, etc…… The issue concerning the liquidation¹¹ of the joint venture shall be handled in accordance with the relevant provisions of Regulations for the Implementation¹² of Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures, and Measures for the Liquidation of Foreign-Invested Enterprises. And the liquidation organized by the People's Court has no legal basis. If a domestic limited liability company has a similar situation, the relevant provisions of the Company Law of the People's Republic of China shall apply.all apply.