Research Of Deadlock Relief System

With the continuous improvement of the market economy and the rapid development of the corporate system, at this stage the company of the market economy has undoubtedly become one of the most active form of economic organization. Shareholders of the company driven by the common interests, and through the effective management, shareholders seek to achieve the ultimate goal of economic interests. However, as the company continues to grow, it is bound to face a variety of difficult issues. Company deadlock occurs, for businesses it can be fatal. How to effectively break the deadlock, how to effectively avoid the emergence of deadlock? This is a major problem faced by academia. Throughout our judicial, the remedy for corporate deadlock just stay in the judicial dissolution level, its remedy is obviously too simple. Moreover, in order to force the dissolution of the impasse for relief in this way, the negative impact on society as a whole which is beyond our imagination. In view of this, we currently do not just further improve our judicial relief system, the most important and most urgent should be looking for better solutions and alternative measures to better address the company deadlock problems. In this paper, starting from the most recent case, on the basis of analysis of the judicial relief system on the company proposed the idea of some perfect deadlock Relief Channel.In this paper, in addition to the two part of the introduction and conclusion, the text mainly included three chapters, the main contents are as follows:First, the basic situation of the case are introduced. In recent years, the frequent cases of company deadlock, judicial practice in the corresponding case also became the focus of attention of the academic circles. This paper selects a representative cases from judicial practice recently, the focus of controversy and through the brief analysis of the case out of the case. And according to the case definition of corporate deadlock discussed.Secondly, based on the understanding of the concept of corporate deadlock, deeply analyzing the reasons the company formed and the company deadlock formation huge losses to the company, after the company shareholders. In order to fundamentally solve the corporate deadlock to seek optimal solutions to the problems of corporate deadlock, harm reduction.Once again, put forward the corporation deadlock governance rationality and judicial intervention should adhere to the principle of. Independence of judicial organ position makes its ability to authority intervention enough and restriction of private rights, and provide the guarantee for effective corporate governance. As a general trend, the judicial intervention in the affairs of the company, improve the corporate governance while still maintain a cautious attitude, but has begun to play a more positive image.Finally, the focus of the paper is also, through the case analysis and the domestic and foreign theoretical research on corporate deadlock relief, and finally puts forward for our corporate deadlock remedies. China’s "company law" only provides for judicial dissolution of such an extreme way. Whether it be for the company, shareholders and society as a whole, this solution is not optimal. We should perfect the foundation of judicial dissolution system, legal ways to explore other better break the deadlock, building diversified deadlock relief way. Finally put forward further consummates our country corporation deadlock legal remedies suggested.