Research On The Relief Of Hierarchy Theory Of Shareholder's Withdrawal Mechanis

Recently, the corporation deadlock happens frequently in limited liability companies, and it becomes a typical problem in juridical practice. That due to the close characteristics and the personal nature of a limited liability company and the lack of equity floating and transaction market, so when conflicts happen its easy to become the corporation deadlock,it will harm the benefits of corporation itself and shareholders, further more it will harm the interested party. Therefore, put an eye on corporation deadlock and found the remedy mechanism is very necessary.The new corporation law took effect in year of 2006,the new law seemed to aware the necessity of resolve the problem of corporation deadlock. Article 183 prescribed that:where a company meets any serious difficulty during its operation or management so that the interests of the shareholders will be subject to heavy loss if it continues to exist and it cannot be solved by any other means, the shareholders who hold ten percent or more of the voting rights of all the shareholders of the company may pleas the people's court to dissolve the company." It's without question that the new law is a measure to solve corporation deadlock, but after 4 years its function still to be expected. In terms of theory, although the corporation law have attached importance to the deadlock of limited liability companies, it still has defect.The majority domestic scholars put their eyes on judicature interposition, but lack other remedy measures especially the theory of the shareholders' withdrawing mechanism of a limited liability companies. This article will beyond the domestic scholars' vision, analysis the current problems of shareholders' withdrawing mechanism to solve corporation deadlock and the relief hierarchy theory of shareholders' withdrawing mechanism, on the basis of don't deny the judicial way to solve limited liability company deadlock, to propose the remedy measures.