Study On Judicial Remedies For Corporate Deadlock

As one of great inventions of modern society, corporate is the development of socialized big production under commodity economy condition. In response, corporate should be the most suitable to the market economy, however, more and more corporate deadlocks make itself hard to keep smoothly and efficiently,this not only reduces and loses its ability of market participation, but also affects the stability of the whole market, and brings great damages to social economy.Especially under the background of continual existence of the negative effect of financial crisis, some companies whose anti-risk ability is weak just come into "corporate deadlock" at this time, will make it more possible to bankruptcy.It will influence the restoration of the national economy. Therefore, to investigate the reason of corporate deadlock and search the reasonable path of judicial dissolution has realistic meaning in both theory and practice.Article 183 of the amended Corporate Law of PRC has established judicial dissolution and provided a legal basis of judicial intervention for the deadlock situation. Judicial dissolution is not a good path to those who particularly don't expect to solve the corporate deadlock by dismissing company. Judicial remedies are too general to practice for the present; "Judicial explanation of the Corporate Law (b)" which was drawn up in 2008 has stipulated judicial dissolution in detail, still has some shortcomings:it hasn't established and perfect other vicarious remedies. So the perfection of judicial remedies for corporate deadlock is a very realistic topic. This paper contains four parts. The first part of the paper made some of the basic principles, clarified its connotation by concept,type and feature,then drew an analysis of its causes and point out its dangers, at last evaluated the theories of judicial remedies for company deadlock.The second part analyzed the law-making comparison of corporate deadlock in judicial remedies between Common Law countries and Civil Law countries, and then summed up the enlightenment our country can learn from.The third part is an important part of this text, this part introduced law-making of corporate deadlock for judicial remedies at present and analyzed its problems.This part first analyzed related rules of Corporate law and judicial explanation, and then put forward their problems.The fourth part is also a critical part for the paper. The content is the perfection of corporate deadlock for judicial remedies.At first it established the trial guiding principle of judicial dissolution, then proposed the legislation suggestion of judicial dissolution from various perspectives, at last put forward substitution of judicial dissolution:perfect forced to buy shares and established mandatory separation of the company.