Research On Legal On Legal Issuses Concerning Corporate Deadlock Of Limited Company

With the structural reform of the company, the problems of continue to emerge, nowadays company deadlock is one of the most representative in the company legal practice. The company mainly for paralysis of corporate decision-making, stagnation in business, loss the base of cooperation of shareholders, erosion of company assets, the loss continues to expand, and its harmful consequences related to the company, shareholders, and the whole social and economic order and stability. Therefore, the company deadlock issue has become another obstacle to economic development of China, which we shall need vigilant.In 2005, amendment of China "Company Law" and even the introduction of relevant judicial interpretation are all related to the problem of corporate deadlock relief. It is easy to see that many years of unremitting efforts has been made to structure the path of relief of company deadlock. However, facing a variety of challenges under the new situation, the relief path of company deadlock of China also revealed some shortcomings of. For example, the rules for the company deadlock are ambiguous and needs more explanation in detail. In addition, we have not have any regulations of alternative remedies of the company deadlock, hence there has a large room for improvement.The dissertation consists of four parts. Beginning with the introduction of the basic principles, the first part of the dissertation defines the corporation deadlock, and also explains the characteristics and classification of the corporation deadlock.The second part analyzed the law making comparison of corporate deadlock in judicial remedies between Common Law countries and Civil Law countries, and then summed up the enlightenment our country can learn from.The third part is one of important part of this dissertation, this part introduced law-making of corporate deadlock for judicial remedies at present and analyzed its problems. This part first analyzed related rules of Corporate Law and judicial explanation, and then put forward their problems.The fourth part is also a critical part for the paper. The content is the perfection of corporate deadlock remedies. First, the author finds out the imperfection of our corporate deadlock remedies system throught the analysis and research down in the previous chapters. Then learning from other countries experience, the author gives legislative suggestion for improving our corporate deadlock remedies system:At first it establish the trial guiding principle of judicial dissolution, then proposed the legislation of judicial dissolution from various perspectives, at last put forward substitution of judicial dissolution perfect force to buy shares and established mandatory separation of the company.