Our Company Impasse Law Relief Mechanism

With the development of social production and life, many type of corporate deadlock has became a common practice, this is not only cause great damage to the corporation and its'investors, but also affect many stakeholders outside of the corporation, bring negative factors to the safty of the entire market transactions, Thus legal measures are first needed to resolve this problem, in many western countries which had a advanced legislation systerm, they already work out a diversified remedies after many years of corporate legal practice, fromed a mature theroical foundation , Before the amendment of the new Corporate Law, China did not make a clear definition about corporate deadlock and its'relief measures, after 2005, we made breakthrough on this point, but still exsiting many shortcoming such as few remedies,high cost , lack of operability, can not completely solve the problems encountered in reality. This paper try to rise up some ideals and solutions on the base of a fully study of legislation both inside and outside and the current situation in China.This paper is divided into four parts, about thirty thousands words, The first chapter is an overview of the corporate deadlock. Analysis its'definition, features,types ,causes and hazards. The second Chapter is mainly about the leagl foundation and practice to resolve corporate deadlock in western countries, intruduce the relief system of the two different legal system, make a comprasion between them, the third Chapter is mianly about the legal relief to the corporate deadlock, discribe the historical legsilation of its relief before the new Corporate Law was intruduced , made some comments on the new regulations and its'loopholes, the forth chapter is the highlight of the whole paper, emphasis same legislative proposals on legal relief of corporate deadlock, such as pre-arrangement in the articles of association, set up the system offorce-equity-swap and so on.