On The Judicial Relief Corporation Deadlock

This thesis focuses on the judicial relief of the corporation deadlock.The paper is divided into six chapters. Chapter one clarifies the goal of the topic, the domestic and overseas study situation of the topic and the novelty in this thesis. Chapter two defines the concept and characters of corporation deadlock, the basic forms of corporation deadlock and the reason why corporation deadlock comes into being, the limitation of beforehand prevention system of the corporation deadlock.Chapter three, four and five are the essential parts of the paper. Chapter three analyses on whether the judicature should intervene in (with) the corporation deadlock. Chapter three firstly illustrates the reason why the judicature should intervene with the corporation deadlock. And then it tells the reason why supporting the idea that the judicature should intervene the corporation deadlock. At last, it comes to the conclusion from the perspective of the personal self-governance and country compulsion.Chapter four analyses all kinds of judicial measures of breaking corporation deadlock through legislation and judicature methods. In chapter four, it expatiates the measures which are corporation dissolution and the dissent shareholders purchasing the shares, as well as the provisional director system regulated in America law and expulsion system in Germany law.In chapter five, it analyses the legal counter-measure of corporation deadlock in China, introduces the cases of corporation deadlock in China and the problems in China, especially in foreign joint venture corporations. It also views the effect of the new Corporation Law for bringing in corporation deadlock and the application of article 183 of new Corporation Law. Chapter six summarizes the thesis.Based on the existing studies, the thesis breaks through the former harvest from three main aspects as follows.Firstly, it deals cautiously with the different ideas on whether the judicature should intervene with the corporation deadlock.