The Research On Corporate Deadlock Settlement Mechanism

Corporate Deadlock is a serious problem in the company system. The traditional principles of "the three capital principles","the capital majority rule", and the characteristics of human nature in company, inevitably cause the corporate deadlock phenomenon. The corporate falling into deadlock reflects the corporate running in failure even in paralysis and serious confrontation between the inner corporate subjects, such as the management idea divergences in shareholders, interest conflicts, etc. In addiction, the corporate deadlock exists continuously for a period of time and causes serious influence of decision, management and executive mechanism not operating normally, and even brings a threat to the corporate exist and development. The corporate deadlock problem has become more and more serious in the company practice, which attracts more and more attention of the academic circles and judicial circles. Until Company Law adds the judicial disbandment system in2006, it fills up the gap in legislation to corporate deadlock. However, the regulations are too principle and abstract, and to the corporate deadlock problem, just only one method of settlement is too simple to adequately and effectively deal with all kinds of company deadlock disputes in practice. The shareholders relationships breakdown with the limitation of the shareholders withdrawal mechanism by "the three capital principles", which causes the corporate at the situation of stalemate, so solving corporate deadlock brooks no delay. Therefore, our country should improve the existing corporate deadlock system, that is, the systems of judicial dissolution, and seek other judicial remedy approaches, including forced transfer or acquisition of stock and forced corporate division. The judicial approach is combined with the non-judicial approach, specifically including corporate internal relief measures, such as articles of association or agreement, in which mediation, transfer or acquisition of stock, voluntary dissolution, arbitration and other related items are made, which changes the current situation that the corporate deadlock relief mechanism is too simple and principle. Considering making a concrete analysis of concrete conditions, it is necessary to apply a best treatment way and establish a comparatively overall and perfect settlement mechanism by making up for each other.