Study On The System Of Judicial Remedies For Our Corporate Deadlock

In our law of corporation, there is only one way to break the corporation deadlock. Involuntary dissolution is to some extent poison rather medicine to the company and the shareholder who does not want to end the business. The single provision of the amended corporate law is too general and principle, which is in lack of feasibility. This article will develop a systematic study on judicial remedies of corporation deadlock. Through analyzing the foreign legislation, this article attempts to find some appropriate judicial remedies for our country's corporate deadlock. This article makes the research through the methods of comparative, conception analysis and value analysis. It's constituted by the following three chapters:The first chapter expounds several entity issues of the judicial remedies system of corporation deadlock, including the determination standards of corporate deadlock, the principles and the styles of the judicial relief. It believes that the judicial relief of corporate deadlock shall adopt diversified relief way, which could give more options to the court and disputes. Meanwhile, judicial dissolution is a drastic remedy with destructive effect.The second chapter discusses several procedural issues about the judicial relief of corporate deadlock, including the plaintiff's eligibility limit, the jurisdiction of the case and so on. It believes that the shareholder is proper plaintiff. As for the defendant, it should depends on the plaintiff's request of litigation.The third chapter discusses the current situation of corporation deadlock in our country and its judicial remedies. Firstly, it introduces our country's present situation of corporation. Secondly, it analyzes the interrelated provision of our corporation law and its defects. Lastly, it tries to give some suggestions on perfecting the interrelated provision of our corporation law, including establishes diversity judicial remedies according to our national and strengthening the practicality of involuntary dissolution.