The Dissolution Of The Company Impasse And Judicial System Of A Number Of Issues To Study

Although limited liability company has a capital nature, but more people combination.In order to respect the individual shareholders will protect shareholders, especially small and medium-sized shareholders' legal interests, it is necessary to establish a shareholders of a limited liability company exit mechanism, to avoid the loss of people match to bring the end deadlock and internal friction, damage to the company, its shareholders and other stakeholder interests. Our country in the new company law enhance the law can accuse sex, greatly expand the judiciary in the space of the operation of the company, to apply for the right to dissolve the company shareholders for shareholders, to our company provide the judicial dissolution stalemate relief way, and end the impasse state shareholders of the "old days" against filing. But the principle of regulation, too easy to understand differences and the referee caused the scale of uncertainty in judicial practice, resulting in practice is differ, in the certain extent influence the seriousness and unity, also go against law forecast, the guidance function. The company law, the judicial interpretation two "releasing a certain degree of corporate deadlock detailed the common situations, the corresponding lawsuit system and liquidation procedure of institutional arrangements, but the face of a complex legal practice, still has its disadvantages. At present, the countries of Anglo-American law system for international problems of theoretical study and practice case more advanced in exploration, break, melt the ice of the specific exploration, the creation of a comprehensive system arrangement, the legislation of our country for reference to this shortage. In view of the causes of the formation of the deadlock, ways and types of different characteristics, it is necessary to study the theory of the advanced achievements at home and abroad are comparing research, so that targeted perfect our country's legislation and judicial practice.In this paper, the company shareholders through the company disbanded mechanism to exit a company for Angle of view, this paper explores the company because the company deadlock and judicial dissolution of the relevant legal issues and its shortcomings and perfect. This paper is divided into four chapters, the first chapter in more advanced foreign based on legislation, introduces the meaning of corporate deadlock, the reasons, the types and the performance, the harmfulness of corporate deadlock and contradictions in our country's legislation to prevent the deadlock, some institutional arrangements. The second chapter research at a stalemate case dissolved the related theory of judicial system, focuses on its theoretical basis, from its system value theory and based on paper, according to the international situation, the necessity of judicial to dissolve the company, scientific, also to identify and expand the necessary judicial dissolved into the company rules to protect deadlock type looking for theoretical basis. The third chapter focused on the research of corporate deadlock case company judicial dissolution institution in legislation and judicial practice of theoretical disputes and the legislation of our country, this paper analyzes the company choose the deadlock case judicial lawsuit to dissolve the company the hearing of the principle and the judicial referee legal effect. The fourth chapter combined with this chapter 2 on the theoretical basis of the dissolution of the judicial justice, to dissolve the company system for the purpose of reference value perspective, judicial practice common disputes, analyzes the present stalemate system about the company the insufficiency and the judicial lawsuit to dissolve the company lack of operational problems, this paper puts forward some expanding judicial to dissolve the company for the situation, and puts forward Suggestions in order to strengthen the protection of small and medium shareholders, moderately expand judicial to dissolve the company for the situation, strengthen the judicial system to dissolve the company legal guidance function to avoid the generation of stalemate, in the company, and the judicial deadlock to dissolve the company expand buffer between alternative, space, the shareholders' interests, social benefit and company survives between sex as much as possible of both parties for balance.