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The Judicial Relief System Of Corporation Deadlock

Posted on:2016-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:C Y GuoFull Text:PDF
GTID:2296330461450782Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China’s 2005 "company law" defines the system of judicial dissolution of a company, the relief mechanism of company deadlock is first up to the legislative level. Play a great role in the development course of nearly ten years. But along with the market economy development, the new economic normal development, but also exposed the defects of single mechanism, regulations lag. In this paper, through the analysis of the causes and types of Modern Corporation in the development of the company deadlock, combined with foreign legislation and the theory viewpoint, the cost-benefit analysis and empirical research on the relief system of judicial remedy of corporate deadlock, trying to make the type of treatment. At the same time, the legitimacy of judicial intervention in corporation deadlock relief considerations, to provide a theoretical basis for the judicial relief of Corporation deadlock. For summarization and innovation based on the original relief way, realize the diversification and corporate deadlock relief system, and do a preliminary framework and suggestions on specific issues related to the practice.In this paper, according to the questions, analyze and solve problems of writing structure, which mainly use the cost-benefit analysis, the empirical study method, comparative method and different method of reasoning reasonable argument, established the mathematical model of static game and charts for visual display demonstration purposes.This article first chapter from the status of the theoretical research of corporate deadlock, through two legal system about the definition of corporate deadlock in contrast, determine the research category of this article; Root cause analysis of the formation of corporate deadlock is due to capital democracy and autonomy; By analyzing the causes and harm of corporate deadlock summarizes the characteristics of corporate deadlock.The second chapter on the plight of the corporate deadlock the judicial relief lack specific expounds the theory of company deadlock in the judicial relief, judicial positioning is not clear and lack of principled guidance from three aspects, analyzes the judicial relief when facing the corporate deadlock and the problems existing in the judicial intervention.Third chapter company deadlock analysis and reconstruction of judicial relief system, found the introduction for the selection of the relief system, will be typed forms of corporate deadlock and various relief way analysis, on the basis of all sorts of relief way against doing a cost benefit analysis. At the same time, through the above analysis of corporate deadlock in our country the judicial relief system of judicial mediation, alternative measures are put forward, the dissolution of the company multi-level resolution mechanism suggestion.
Keywords/Search Tags:corporate deadlock, judicial relief, cost benefit, type
PDF Full Text Request
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