Research On Remedies For Corporate Deadlock

Corporate deadlock has been a rather prickly problem in the area of company law,especially in the Limited Liability Company and unlisted company limited by shares.As a main source of disputes concerning corporation,this issue has attracted more attention from many scholars,and it has gradually become a heated debate in legal field.The Company Law of China has initiatively proscribed some remedies for corporate deadlock in 2005,but such provisions are not sufficient enough to tackle the complex disputes.Through examination of existing remedies for corporate deadlock home and abroad,I attempt to put forward my suggestions on this issue and expect to seduce better proposals from others.Except its introduction and conclusion,this paper consists of the following four parts:Part one briefly introduces the remedies for corporate deadlock.This part primarily deals with the conception and features of corporate deadlock, and discusses the differences between corporate deadlock and corporate oppression,the causes of corporate deadlock and the detriments of corporate deadlock.I intend to define the conception of corporate deadlock by illustration of the fundamental contents of corporate deadlock.Part two primarily states comparative analysis of the remedies for corporate deadlock.By comparing remedies of corporate deadlock in continental law system with that of Anglo-American law system,the author expounds the common points and different ones between them,and believes that these analysis will produce instructive solution for Chinese legislation in company law.Part three concerns the examination of the measure of handling the corporate deadlock in our company law.This part mainly analyses and perfects the measures of handling corporate deadlock by judicial dissolution.Therefore,I hope that this analysis will draw attention of legislative bodies and judicial organizations.Part four mainly details some alternative measures to supply remedies for corporate deadlock.Based on drawing some advanced experiences of other countries,I provide certain instructive suggestions for current China's company law,and introduce some measures such as forced buyout right, appointment of custodian or provisional directors.I hope that conclusions resulting from this thesis will make contributions to polish China's legislature which can provide ideal solutions for corporate deadlock in turn.