Study On The System Of Judicial Remedies For Corporation Deadlock

In the process of corporation operation, there are always some disharmony factors, one of which is corporation deadlock. Corporation deadlock means the company management cannot make perfect decision due to the benefits conflict between shareholders. This can endanger the whole normal function, or even bring the cooperation into paralysis. This kind of situation is harmful not only to corporation itself and its shareholders but also to other interest related people. As a result, it seems completely necessary to research on the relief system of corporation deadlock. Based on one of the relief methods which is judicial relief,this text make a in-depth and careful studies of judicial relief system of corporation deadlock in China and other countries. This whole text includes five sections:Section 1:Expound basic problems about corporation deadlock, including concept, essential features, kinds of corporation deadlock, related problems and its circumstance and causes.Section 2:Analysis on theory problems about judicial relief system of corporation deadlock,including rationality base of judicial relief, concrete analysis on the scholar's reasons about whether it is necessary to adopt judicial relief;some theoretical basis on corporation deadlock from foreign scholars, including the theory of shareholders expected benefits fall,corporation contract, fiduciary duties and the companies'social duties; the value of judicial relief,and analysis of rationality to the foundation of corporation judicial dismiss system.Section 3:Study the comparative law on the judicial relief system of corporation deadlock,including the legislation of Anglo-American law system and continent law system, in this section, The writer draws some revelations to establish judicial relief system which suits the concrete situation in our country by adopting the research of the advanced legal technique and mature judicial relief system abroad.Section 4:Study on the legislation of judicial relief system of corporation deadlock. This section analyze legislation regulations for corporation deadlock, which includes defects of Article 183 about corporation deadlock dismiss system and some personal views on article 75 about whether it is our countries mandatory share exchange system.Section 5:Propose suggestion on how to perfect the corporation deadlock relief system. First of all, it is recommend our lawmaker should perfect the corporation dismiss law, meanwhile, in view of the superiority of mandatory share exchange system and compulsory separation system to solve the company deadlock, I advise that we should establish mandatory share exchange system and compulsory separation system in legislation.