The Study Of Legal Problem On Corporation Deadlock In The Limited Liability Company

Corporation deadlocks are often generated in the practice of corporation. How to solve the problem of corporation deadlock has become a hot spot in recent years in our country. This paper focuses on the issue of the corporation deadlock. The appearance of corporation deadlock makes the operational state of the corporation in unnormality. Consequently, exploring the formation of corporation deadlock an seeking means to solve them by law are necessary not only to respond the needs of corporation law's practice, but also the needs to perfect corporation law theories.The paper is begin from two cases, from the two cases, we can see the corporation deadlock is becoming a significant theoretical and actual problem. The part analyses the definition, characteristic, classification, harmfulness of the corporation deadlock and the reasons why the corporation deadlock come into being, etc.. Furthermore, it naturally brings forward the issue of the means of breaking the corporation deadlock. The means of resolving the corporation deadlock is divided into two kinds of remedies. The first kind of remedies is the method of unjudicial interference. Shareholder can stipulation in the corporation article, aim to breaking the corporation deadlock. The second kind of them is judicial interference. Judicial interference became formal remedies to the corporation deadlock. The remedies of judicial interference include involuntary dissolution, mandatory buyout, arbitration, dividends and appointing provisional directors and so on. The author uses some other countries corporation law for reference. The author tries to compare the advantages with the disadvantages of these remedies and illustrates that there must to build a remedies system to solving corporation deadlock. The author also reviews the clause 183 of new revised corporation law and analyses its problem and then makes some suggestion on the legal system of corporation deadlock. These suggestions including that the court should use the clause restrainedly, the court should cautiously choose other alternative remedies to resolving the corporation deadlock, and there is only one remedy (judicial dissolution) in new revised company law, which is not enough to resolve the different kinds of deadlock.