The Research On The Succor Of The Corporate Deadlock

The core of the problem is the judicial relief measures against corporate deadlock. Corporate deadlock is inevitable to arise. It is harmful not only to the company itself, but also the interests of other stockholders. Therefore, seeking the way of corporate deadlock is the important task of a company law.In 2005,"new company law"first introduced the judicial system of corporate deadlock dissolved to the country, ending the situation that shareholder can't take legal action. But to just choose this one method to end the company "life" for relief measures to deal with the complicated situation is extremely corporate deadlock, and judicial dissolve this system also exist defects. Based on an improving system, we still should actively explore other alternative measures methods that can effectively solve corporate deadlock.The paper has four parts as the following:The first part is the origin and corporate deadlock noticeable harmfulness. In the discussion of corporate deadlock causes, this paper summarizes the cause of the three major cases of corporate deadlock:the differences and interests of the people of the closed company, The majority voting system of the capital does not work, Company events and the company's articles of association, the diversity of complex incomplete law. Then, this paper describes the situation that if corporate deadlock is not timely and effectively solved, it will bring serious consequences. Because the company will not only directly damage the company's own interests, but also fail normal realization of shareholders'interest. In addition, the company will also damage the interest of innocent external creditor and will produce adverse effects on the whole society and the market.The second part is the rationality and the principles that the judicial relief deadlock should follow. Why the judicial means is allowed to intervent company deadlock is that: firstly, because of the judicial relief is due to the rights of the parties of deadlock, Secondly, dissolve the inherent corporate deadlock is one of judicial mission. But the judicial means of intervention to corporate deadlock is not limitless and arbitrary. It must adhere to some certain principles, mainly including: the priority principle of independent relief, Subject to maintain principle, Prevent lawsuit to dissolve the company shareholder excessive principle, other principles concerning reconstruction.The third part is the judicial countermeasures corporate deadlock and its imperfection in the "company law". Firstly, the specific provisions are resolved which a judge uses to dissolve a company. Secondly, the available methods are pointed out to have a serious defect. But the law only chose this remedy for the party, no more resolved way.The fourth part is improving the corporate deadlock judicatory measures. In this part, and another two alternative measures are put forward.