The Testimony Of Corporationg Deadlock In Company Dissolution Actions

The proof consists of verification and identification; the verification need achieve the degree of identification. Verification is legal obligation of the party; identification is the criterion that the party achieves support of the law. The process of identifying of the corporate deadlock is a kind of activity that the party who advocate the company being in such situation verify the existing fact to judge, then ensuring the judge to form his inner conviction for the case. There is confusion of proving and identifying company deadlock in judicial practice. In this paper, the author will explore the confusion of identifying the deadlock in judicial practice basing on the case of judicial dissolution of corporation.A total of more than 20000 words in the paper. Besides preface and conclusion, the text is divided into four parts. The main contents are as follows:The first part introduces the thesis through the chaos of the judicial practice. there are varying degrees of corporate deadlock to the court. What is The Corporate Deadlock? How to prove that? It’s different of many judgments in the judicial practice and there is still a lot of confusion.The second part mainly elaborated the company dissolution litigation disputes with company deadlock. In this paper, the author studies on dispute lawsuit company dissolution is the single dispute lawsuit against the deadlock problem of the company dissolution. the author mainly expounds the company dissolution of the essence of the dispute lawsuit and the connotation of corporate deadlock.The third part main discusses the basis theory problem of company deadlock. The author from the constituent elements of proof: certificate subject, object, prove standard, the burden of proof theory to prove the problems existing in the corporate deadlock to detail. Each part again in case analysis problems in judicial practice. To the subject, the author comply with the law to hold shares with more than 10% of the company as the plaintiff, company as the defendant, other shareholders as the third person to be analysis. On the proof object, the author thinks that dissolve dispute lawsuit, the plaintiff to achieve three facts of article one hundred and eighty-two and main body important document proof. In terms of proof standard, guided by the probability dominant standards, refines company law article one hundred and eighty-two of the subjective standard. In terms of the burden of proof, the author analyzes from the perspective of legal norms about the proof of company deadlock.The fourth part main discusses how to improve Corporationg deadlock. I put forward three Suggestions: perfecting the litigation status of the parties, perfect the laws and regulations of company deadlock, objectification of judge’s discretion, with the hope of helping the corporationg deadlock to prove.