On The Judicial Remedies Of The Corporation Deadlock

Our Company Law has been in the protection of shareholder rights,there are some shortcomings.To change this situation,and enhance the strength of shareholder rights protection, revised "Law" section added to the contents of the rights of shareholders relief, in the October 27,2005,judicial stalemate of the company was incorporated relief measures, to provides a legal basis for direct for the Court to address the company deadlock problem. The "Company Law" Article 183:" Serious difficulties in operation and management company, continues to exist would be a significant loss of shareholder value, can not be solved by other means, all shareholders holding more than ten percent of the shareholder voting rights, may request the court to dissolve the company". However, this provision is too shallow, in principle, the lack of maneuverability, to bring the judicial practice for the difficulties caused by the courts in adjudicating cases, the recurrence of similar cases can not be the embarrassment of similar decisions, which is not conducive to effective solutions company deadlock problems, it also undermines the authority of the judiciary.In order to better respond to the needs of the judicial practice, this provision made the Supreme judicial interpretation of related, but still insufficient.This article is the definition of content from the company started the impasse, the impasse generated by analysis of the causes the company to illustrate judicial measures involved the need for corporate deadlock and principles should be applied, and on this basis, the "Company Law" Article 183 says, the last judicial relief under the system of the company the status of the impasse raised several suggestions improving the system.