The Legal Remedies Of The Company Impasse

China’s current "company law" was adopted on December29,1993andimplemented from July1,1994. But with the development of market economy and thecontinuous improvement of the system, the old Company Law already can not adaptto the development needs of China’s socialist market economy. in order to conform tothe development of The Times and economic change, in2005, the company law of therelatively substantially modified and on January1,2006the official start of theimplementation of the new company law To reduce the threshold established by thecompany the new Companies Act of2005giving shareholders of the Company astrong autonomy and a greater degree of autonomy space, at the same time in thecombined with actual situation in China based on the reference and absorbed thecountries all over the world advanced legal system. In general, our company lawsystem with our practice unceasingly thorough, step by step toward completion.However, when companies face the impasse, it is difficult to apply to the relevantprovisions of the Companies Act to protect the interests of corporations andshareholders. How to break the deadlock? China’s Company Law only provides forjudicial dissolution of the system, but the law is too principle,and also lack ofoperability of standard guidelines in the process of hearing of the case on the Court,leading to the judicial practice in cases of deadlock, leading to the judicial practice incases of deadlock in the majority of companies by the judge to judgment to dismissthe claim for the final results. In order to truly make the laws more reasonableprotection of the parties legal rights and interests the judge in deciding a case process,we should further improve the legal remedies Judicial Dissolution of the system andthe deadlock. Commence in the form of case studies. The thesis emphasizes theoperability of this analysis can lead to the academic community to further improve thejudicial remedy. Paper is divided into introduction, body, conclusion of three parts, ofwhich body part to include the following. The first part, the basic situation of a case brief. In recent years with the companyimpasse frequent cases in the judicial practice has also become the focus of attentionof the academia. Selected cases as a representative of significance from the judicialpractice, and through the analysis of the case leads to the focus of controversy of thecase.The second part of the theoretical analysis of the focus of controversy in this case.This article cited in the analysis of the case, the company the deadlock litigation casesin the judicial practice in China. In the trial of its main focus of controversy is thedefinition of the laws of the "stalemate". This section first to combine the merits of thelaws of the company stalemate "as defined and launched a more in-depth analysis.Second, this paper from two aspects of the common causes and our special reasons,the causes of corporate deadlock analysis. Depth in order to grasp the reasons for theformation of Corporate deadlock, and then seek the best way to crack.The third part, the focus of this article. Through case analysis and theory, andultimately come to the conclusion of this study. By case analysis and theoretical studyof the Chinese company impasse legal remedies, It can be seen that our companyimpasse legal remedies significantly over a single,"Company Law" only provides forjudicial dissolution of such an extreme way. Whether it is for the companies,shareholders and society as a whole, this solution is not optima to improve the judicialsystem.