The Research On The Legal Remedies Of The Corporation Deadlock

The corporation deadlock refers to a company’s movement failure, the shareholders or directors of the company do not cooperate for some reasons no longer. All the businesses of the company would be paralyzed, and the important resolutions also can not get effective implementation. So the corporation deadlock is a bad state in the process of corporation operation. The causes of it are very complex. The state brings serious harm to shareholders, company, and other stakeholders. So the company requires a series of internal or external measures to solve it. Though Company Law do not introduce the concept of corporation deadlock, it introduce a litigation way-judicial dissolution. This lay a legal foundation to break the corporation deadlock. At present, this legislations are too abstract, so many questions and difficulties have been encountered in the process of judicial practice. In this paper, the author will reference our country’s existing company deadlock research works, and research on the theory of corporate deadlock deeply; by contrasting the foreign legislations and judicial practice, the author will also evaluate it seriously; in view of the development of diversified dispute resolution, the author expounds specific ideas of the non-litigation relief way, and think that we need to pay attention to the articles of association of the company, which can prevent and response to corporation deadlock; according to our judicial practice of the corporation deadlock, the way of compulsory judicial dissolution is still single, so the author not only has carried legal analysis on it, but also put forward to build the conception of compulsory acquisition constructively; in addition, the author studies for compulsory division of a company further; finally the author hope that the non-litigation relief way and the litigation way of the corporation deadlock can coordinate with each other, so the corporation deadlock can be solved satisfactorily to adapt to the need of the development of a harmonious society in China.