Study Of The Solution To Corp Deadlock

The cause and existence of Corp deadlock could be a potential, even actual fatalness to a company, shareholders and the third party, which has been vital in the administration of a company. The stipulation on Corp deadlock in the new <>, which was implemented on Jan 1^st of 2006, serves as the legal basis for Corp deadlock solution in China. In the writer's opinion, despite the several items on fundamental stipulation on Corp deadlock solution, the measurements stipulated shall be enriched and consolidated; they should be adjusted to be multiple yet integrated as a system of Corp deadlock solution. And based on this, this article starts from the concept, cause and social fatalness of Corp deadlock, with a reference to the mature solutions in Anglo-American Law System and Continental Law System, further studies the existing problems in the system of Corp deadlock solution system in the judicial implement in China and comes up with some legal proposal on the perfection on the system.The writer employs the methods of summary, comparison and analysis in demonstration in order to layout specific materials, proper analysis and strict reasoning to make this article convincing and referentially valuable.This article falls into 5 chapters as following:Chapter 1 an overall analysis on the basic concept and theory on Corp deadlock. Starting from the concept of Corp deadlock, the writer analyzes the definition of Corp deadlock by scholars of the world and the cause and fatalness of Corp deadlock, and brings forward the necessity of solving Corp deadlock.Chapter 2 Through an essential demonstration of the theoretic basis of judicial intervention over Corp deadlock, the writer reveals the theoretic support for the rationality and necessity of judicial intervention over Corp deadlock in the aspects of the theories of failure of expect benefit, obligation of trust benefit by shareholders, and social liability of Corps.Chapter 3 A significant analysis on the systems and theories of Anglo-American law system and Mainland Law system, with comments on the advantages and disadvantages of different systems, provides the reference for the systems in China. Chapter 4 with an analysis on the existing system of Corp deadlock solution, the writer listed out the disadvantages and lays a sound foundation for legal proposal in Chapter 5.Chapter 5 some legal proposals to the perfection of the solution of Corp deadlock in China. The writer proposes to perfect the systems of judicial dissolution of company, enhancing mandatory equity replacement, mandatory division of company, appointing temporal directors etc. as substitution remedies to judicial dissolution of company. The writer also propose the pre-foundation of Corp constitution, the exertion of the self-ruling right of shareholders in Corp constitution prevent Corp deadlock.In view of the current achievement in this line, the article's aiming at the breakthrough in the following two aspects: 1. Since the article lies in a way of description, the writer's aiming at demonstrating specific materials, proper analysis and strict reasoning to make this article convincing and referentially valuable; 2. Through a comprehensive analysis, comparison and thorough study on the solution to Corp deadlock, combining the existing condition of legislation judicial implement in China, this article is aiming at proposing an overall, reasonable and effective system of solution to Corp deadlock.