On The Establishment Of Limited Liability Corporation Deadlock Relief Mechanisms

As is known to all, company is the great invention in the world. Although there is a variety of problems during its operation, it plays an important role in social and economic life. Company deadlock is one of the general difficulties, particularly in the closed limited liability company. Company deadlock is a legal fact that shareholders or directors not only lose the basic trust but also have intense contradictions or conflicts between them, leading to failure of the company operating mechanism. Company deadlock is a product of the combination about company law system arrangement and inherent contradictions in management mechanism. Therefore, writer will take the deadlock of the limited liability company and building relief mechanism for deadlock as the focus of this paper. This is the key issue which writer will solve.This paper starts from the basic legal issues about the limited liability company deadlock. Through analysis of concept, types, causes, legal nature about the company deadlock and theoretical description of breaking company deadlock, writer sets up the theoretical framework of resolving limited liability company deadlock. Meanwhile, the author points the deficiencies basing on our country actual situation. By referencing two legal systems experience in the legislative and judicial practice, the author proposes recommendations of breaking the limited liability company deadlock. Specifically, this paper can be divided into the following sections:Introduction section mainly specifies the background, significance, literature review, research methods and defines the object and scope of this paper. The first chapter focuses on deadlock basic legal issues about the limited liability company. It describes the type of industry impasse points, the reason of deadlock on the basis of defining the concept of limited liability company. It points out that the legal essence is investment company defeats the purpose of profit of the company shareholders The second chapter discusses the limited liability company deadlock relief the basic theory and two legal typical state approach to the problem, and through the two legal comparison of various methods of analysis, we learn from foreign legislative experience at the same time should pay attention to the problem, as discussed below in preparation.Chapter three and Chapter four is the focus of this article, which are I think most. Chapter two discussed above, based on the limited liability company focuses on the deadlock prevention mechanism in advance the construction and limited liability company deadlock Relief Mechanism. Domestic and foreign scholars on the issue by referring to existing research results and advanced two legal legislative experience, proposed theoretically limited liability company in China to resolve the impasse on the specific prevention and relief measures.Chapter five proposes that legislation and judicial interpretation of China's Company Law shortcomings combined with our legal practice, and propose improvements to the questions the author's proposals and ideas.Concluding section summarizes the whole, it insist on resolving the deadlock issue limited liability company not only by taking prevention but also by paying attention to after the break, it is necessary to absorb foreign advanced experience and also the legislative and judicial practice in our country. We must pay attention to the academic field of study also to focus on practical experience gained. Only in several ways to explore various ways to promote the solution to the problem of limited liability company to solve the impasse.