Research On Torts Among Shareholders In Limited Liability Corporation

Based on the demonstration analysis method, this text mainly discussed the tortious problem between the stockholders in limited liability companies. On the background of the accomplish of amendment and put in force of Commercial law from 1^st January, 2006, we hope that, combined with the study of institutional innovation of Commercial law, we can do some favor to the resolve mechanism between the stockholders in limited liability companies.The Limited Liability Company and Incorporated Company are two kinds of legal forms companies in the Commercial law of our country. Generally speak, the Limited Liability Companies belong to small business enterprise in terms of scale, but they are much more in terms of quantity .Compared with the limited liability company, the incorporated company have the characteristics of collection of person and closeness, a company incorporated and existing depended on the good credit and cooperation between the stockholders. And the freedom of contribution in the incorporated company is much difficult than that of the limited liability company. In practice, the tortious entanglements are often happen between the stockholders in the limited liability company, and the rights and interests of minority stock holders can be damaged very easy. The essential of tortuous problems between the stockholders is, through opportunism, to achieve the maximization of stockholders' interest. Therefore, the settle of this problem not only protect the interest of minority stock holders but also balance the interest among the stockholders.