Analysis Of Limited Liability Companies Involved In The Judicial Impasse

2005 amendments to the "Law of the People's Republic" (hereinafter referred to as "Company Law") for people to set up investment companies to create a liberal legal environment, which is bound to set off a new company to create the climax. Co., Ltd. as a modern enterprise system, the basic forms of organization, to promote economic development has become a powerful driving force and a powerful lever. Co., Ltd., as well as the superiority of China's own economic resources determines the limited liability company form of organization when the company first choice for the people. However, in the company's practice, due to limited liability companies with unique and closed our traditional culture for thousands of years of thinking deposition combined company will become inevitable impasse common multiple. The new "Company Law" broke through the old "Law" limited liability company to deal with the deadlock of the gaps in legislation, affirmed the judicial intervention to resolve the impasse limited liability company in the field of problem is our country's legal system is a major undertaking. However, the new "law" only provides for the dissolution of the judicial enforcement of a single model, and relatively rough, the lack of maneuverability, not enough to solve the judicial practice of the complicated issue of the deadlock limited liability company, how to learn from other countries and regions The advanced experience, we still need to improve their attention and discussion. This article will be limited liability companies and the judicial impasse means of relief for research.The main contents of this article is divided into four sections:Chapter I: limited liability company outlined the impasse. This company introduced the first part of the meaning of the impasse. This article believes that the company refers to the deadlock in the company's survival during the period due to the shareholders, employees or managers between the interests of the conflicts and contradictions, and do not want to compromise with each other in a stalemate, resulting in limited liability company to run an effective mechanism for failure, so that the limited liability Companies can not fall into the normal operation, and even the fact that the state of paralysis. This was followed by a limited liability company on the causes of the stalemate analyzed, the company impasse occurred in the main causes of the stalemate of the main interests of the company's vision and understanding of differences and the differences in their own limited liability companies, limited liability company arrangement system defects, Ltd. Formal articles of incorporation. Then, on the basis of the above analysis points out the company and the continued stalemate appearance on the interests of the company, shareholders and even the interests of the community will be serious harm to the company so that the deadlock in the prevention and the need for substantial relief.Chapter II: extra-territorial limited liability company deadlock judicial intervention. It introduced some of the extra-territorial jurisdiction limited liability company involved in the impasse, there are two main ways, is a shareholder in accordance with an application for an injunction to dissolve the company, which is the company's method of personality disappeared; the other is forced to dissolve in the judicial system on the basis of , The creation of the development of the company's operation in order to preserve the value-oriented third-party alternative judicial relief system, the judiciary may be forced to take alternative dissolution of the company's wide range of methods, the article describes several common methods, including the appointment of a receiver Or the provisional supervisor, the temporary appointment of directors, and the compulsory acquisition of the Court to exercise the right to direct the administration of justice. Foreign companies deadlock on the theory and practice of relief for our company to resolve the deadlock issue has provided a broad perspective, worthy of our country in combination on the basis of their national conditions to draw on.Chapter III: China's limited liability company involved in the deadlock of perfect justice. This is from the main part of the substantive and procedural laws of the two aspects of our limited liability company involved in the judicial deadlock and improve the existing problems. In regard to the substantive law of China's legislature, there are still less than the status quo, the "Company Law" to recognize the one-man company, a company set up to reduce the threshold, can be actionable in the law on the issue have improved a lot. But for judicial intervention in corporate governance practice is still almost empty, much the company can not meet the requirements of the development of practice, judges in the processing of foreign-related cases are often confused. "Company Law" for the deadlock in the company system of justice is no doubt affirmed the company in resolving the issue of intervention, the law is constantly improving the performance, but the "Company Law" the 183rd article is too abstract to resolve the problems of justice Practice complex. This article believe that the impasse in the company's involvement in the administration of justice, we should take a self-help principle of giving priority to force the dissolution of the means to be used with caution in principle to limit the dissolution of the shareholder lawsuit forced the company to take stake in principles and replacement alternatives to these principles to be improved. In procedural law should be specific aspects of the case determined that the type of litigation, the nature of the proceedings, the main litigation, prosecution, the evidence requirements of the property and preservation of evidence, the principle of trial and to prevent malicious lawsuit to be perfect, and so on in order to achieve a better guide action, an effective solution Co., Ltd. The purpose of the impasse.Finally, the full text of the summary of the company refers to the deadlock in the company's survival during the period due to the shareholders, employees or managers between the interests of the conflicts and contradictions, and do not want to compromise with each other in a stalemate led to the effective operation of the company's failure mechanism, so that the company is in Not running, or even the fact that a state of paralysis. There are reasons for the formation of the deadlock of the main interests of the company's diversity, the company deadlock the main idea and understanding of differences, the company's own, the system's shortcomings arrangement, the company's formal constitution. Extra-territorial jurisdiction limited liability company involved in the deadlock of the form of judicial enforcement of the dissolution of the company, alternative judicial relief measures. Improvement of the limited liability company involved in the judicial system, the deadlock should be divided into substantive law and procedural law both, and pursue self-help priority, forced the dissolution of the principle of caution, and so on.