Company Impasse Judicial Relief

This article will focus it's research perspective on the problems of corporate deadlock existed in the limited liability company and the discussions of their judicial relief. Corporate deadlock is a recurrent problem taken place in the limited liability companies with closed nature as a result of "loss of cooperation" which conflicted with institutional arrangements of the company and its closed nature.Corporate deadlock is harmful whether to shareholders and companies themselves, or to the people who have related interests, and it also has negative impact on the rational use of resources and the stability of social economy. Therefore, researching the reason of corporate deadlock and seeking for a way to solve it is a realistic issue in the corporation's legislation and judicial practices. In China, the conservative judicial and legislative deficiencies have become an intractable problem in the limited liability companies.Based on the analysis of corporate deadlock, from the perspective of combination of theory and practices of judicial relief to corporate deadlock in the Western countries, the article explores the necessity to provide judicial relief and discusses the system construction for judicial relief, proposes my own opinion to promote the mutual improvement between the company law and company's operational practices with a view to be helpful to the improvement of corporation law. This is the purpose of this article.Besides the introduction and conclusion, the article is divided into four parts:Part Ⅰ: Issues related to the legal analysis of the company deadlock. The component consists of three aspects: the meaning of the concept of company deadlock, it's classification and analysis on the causes and it's negative effects.Part Ⅱ: Theoretical exploration on the judicial relief of corporate deadlock. The first part expounds the different attitudes to the judicial relief of corporate deadlock existed in the theory circle. the author's viewpoint is that it should be allowed to modest judicial intervene in the corporate deadlock; Then...