Research On Legal Relief System Of Company Deadlock

On January 1, 2006, the new "Company Law" was implemented, which the 183 article states that "judicial dissolute the company" system, broke the deadlock in our judicial remedy gaps in the legislation, marking the adjust judicial to the company's deadlock solution, which is a major legislative breakthrough. However, the overall point, the deadlock of the theory of legislation on the company was ill-prepared, the existing law on the regulation of the company is still lack of deadlock system construction, more omissions, operability poor. Therefore, searching for the company's judicial remedy to the impasse law theory become an important topic.The company deadlock produced the impasse the relative strength of confrontation among the two groups, the corporate decision-making lagged far behind, the consequences is the company to a standstill, then the company and shareholders suffer. Western nations respond to the deadlock company problem has nearly a hundred years, its experience building companies for the deadlock in the system of providing experience and reference. The paper surrounding the deadlock company, the more in-depth analysis the concept of corporate deadlock, characteristics, causes and dangers, through the analysis of comparative law, comparative study foreign companies in advanced countries to solve the deadlock in the legislative and judicial experience, company legal analysis of the dissolution system, on the basis of the legal response to the impasse of the company.Paper is divided into three parts:The first part discusses the basic company deadlock problems. This part is the theoretical background of the company deadlock, meaning and summary of the general classification. This section reviewed not only harm the company's deadlock was more detailed assessment, and the deadlock on the company's legal basis for judicial relief, necessity and legal significance. The second part is a comparative analysis the system of extraterritorial legal remedies company deadlock situation and the advanced experience of the legislation, where the main analysis the common law system and civil law system in the United Kingdom and the United States, Germany and Japan in the issue of legislative deadlock in the characteristics of the company, by western comparison of different legislation, compared method. The third part is the legal remedy for the deadlock in the system of company-depth analysis, the status of legal relief system of corporate deadlock defects and shortcomings, and proposed the deadlock on the legal remedy for improving corporate conception system.