Study On The System Of Judicial Remedies For Corporate Deadlock

There are a large number of closed corporations in our country, including Limited Liability Company and non-publicly holding Joint Stock Limited Company, which may easily become deadlocked. Corporate deadlock, which makes the policy-making mechanism become paralytic and the normal operation at a standstill, is enormously harmful for the corporation, the shareholders, the creditors and the whole society. Therefore, the study concerning judicial remedies for corporate deadlock is obviously significant in reality.This article begins with the basic problem of corporate deadlock such as the conception and the causes of corporate deadlock, and then discourses the theoretical bases of judicial remedies for corporate deadlock. Through analyzing the foreign legislations, this article attempts to find some appropriate judicial remedies for our country's corporate deadlock which are not so perfect in our legislation. Concretely, this article is composed of four chapters:The first chapter expounds on the basic problem of corporate deadlock, including the conception and the characteristics of corporate deadlock, the circumstances of corporate deadlock, the causes of corporate deadlock, and the harm of corporate deadlock.The second chapter is about the theoretical bases of judicial remedies for corporate deadlock. At first, it introduces some opposed reasons of judicial intervention in corporate deadlock. Secondly, it explicates the theoretical bases of judicial remedies for corporate deadlock from five aspects. Lastly, it points out the significance of judicial remedies for corporate deadlock.The third chapter introduces the interrelated legislations of the common law system and the civil law system. It observes the provisions of judicial remedies for corporate deadlock such as involuntary dissolution and buy-out in foreign legislations, which helps to perfect the system of judicial remedies for corporate deadlock in our country.The last chapter discusses the current situation of corporate deadlock in our country and its judicial remedies. Firstly, it introduces our country's present situation of corporate deadlock. Secondly, it analyzes the interrelated provision of our Corporation Law and its defects. Lastly, it tries to give some suggestions on perfecting the interrelated provision of our Corporation Law, including strengthening the practicality of involuntary dissolution and increasing the measure of buy-out.