Research On The Judicial Relief System Of Corporate Deadlock

Company deadlock run a company in existence due to the shareholders, directors irreconcilable conflict between the point of development to the impasse, as shareholders, directors confront each other not in accordance with the rules of the daily management decision-making, making the company can not function properly even paralyzed state.Company deadlock not only to the company, shareholders, resulting in damage, and related socio-economic interests of the creditors and will be greatly affected and should therefore be judicial relief.At present, China "Company Law" deadlock against the company only provides a remedy, that the judicial dissolution of the company. "Company Law" one hundred and eightieth of Articles:"serious difficulty in company management, shareholders will continue to exist subject to significant losses, can not be solved by other means, all shareholders holding more than ten percent of shareholders voting, may request the court to dissolve the company. "dissolution of the company through judicial enforcement, the company can completely resolve the impasse dispute, but destroy the company personality and costly. The face of various corporate deadlock situation, the existing law has lagged behind the urgent need to draw national deadlock on the company law remedies, combined with our judicial system, environment, development of new corporate deadlock remedy laws to meet the current needs.In this paper, the existing legal framework, by introducing the case put forward in the company of the current deadlock in the shortcomings of judicial relief, introduction of foreign countries in the Company's system of judicial relief deadlock set, and made a comparative analysis based on the combination of this the actual situation on Improving Corporate deadlock judicial relief a few comments.This article is broadly divided into four parts. The first part, the introduction of KangHe International Development Ltd. v. Corporation of Beijing forces, but the dissolution of the case, and an analysis from a legal point of view, the company presented the current deadlock of the problems in judicial practice. The second part, to the issues raised as a starting point, select from the proceedings, the conditions of admissibility, the party position, and dissolution and liquidation of the company deadlock four basic issues of judicial relief. The third part describes the United Kingdom, United States, Germany and Japan, the company's dispute settlement provisions deadlock, comparative analysis of current problems in this regard, the deadlock for the next judicial remedy for Improving Corporate legal basis to make recommendations. The last part, the company put forward a sound system of judicial relief the idea of the impasse, the impasse clearly the concept of the company, the introduction of compulsory tender offer system, attention to judicial dissolution of the company system, and specify the agents and the temporary Board of Directors due to differences in the institutional environment and cultural reasons for not currently for the introduction.