Company Impasse And Its Judicial Relief

With the corporation Act have been enacted for ten years, more and more tangle what the corporation deadlock included are appeared in the corporation . it shows that the theory and system of the corporation are not perfect and mature enough. Corporation deadlock means when the corporation are running, the intensive tangle between stockholders and directors makes the corporation out of control and the power organization of the corporation such as directorate and stockholders' convention can not make decision normally. So the corporation can not run as normal even break down. The tangle of corporation deadlock is based on the loses of the partners' coopration. The partners' coopration is one of the primary characters of continental law system, the root of corporation deadlock the sharp tangle damaged the partners' coopration. The essential reason for corporation deadlock is the loses of partners' coopration and majority decision for the corporation management and decision. That is why corporation deadlock easily happened in the partners' corporation. The corporation deadlock leads the ability of stockholders' right and corporation management come to an end, harm the profit of the stockholders and the natural order of the market .bring all kinds of conflict, and even damage the stabilization of the society and market. The fact that our last corporation act is nearly blank at the regulation about the corporation deadlock leads to reject the prosecution mostly in our judge practice. Now, the latest corporation act have regulated the prosecuting way to solve the corporation deadlock, but there is still some defects such as at substantive law , succor methods are not enough and complete , and at process the administration of justice do not intervene and many corporation deadlock out of the justice process, so the tangle can not be solved. This article through analyzing the causes and succor of corporation deadlock, find the substantive succor plan, and comment the regulation of our corporation act and find the insufficient of it. Accord to the corporation act of foreign country and their useful methods and experiment, I think the substantive justice succor plan that fit our country' s real condition is that: one is the stockholders dissolution the corporation by their idea. That is to say the stockers first regulated in the agreement or the article of incorporation that once the corporation deadlock appeared and can not get rid of it in the promissory period , then the corporation...