A Study On The Protection Of Minority Shareholders’s Rights In Corporation Deadlock

In the process of modern development of the socialist market economy, the company as an important part of economy and society, both for the prosperity of national economy and for the development of the market economy plays a vital role However, the development of the company is not plain sailing, company deadlock is a big obstacle in the process of development and diseases. In this paper, we study the main viewpoint is that company deadlock problem existing in the limited liability company and the deadlock problem under the protection of the rights and interests of minority shareholders, strive to through the research on the theory and practice to the above questions, in turn, it is concluded that break the company deadlock, an effective mechanism to protect the lawful rights and interests of small and medium shareholders.Corporate deadlock is mainly limited liability company the sealing ability of the company because of the lack of human sexual factors, the company in the system arrangement and the conflict between the seal of the company’s inherent characteristics and form of a state of mutual stalemate that corporate affairs ran aground The occurrence of the corporate deadlock is difficult to forecast and the consequences of the emergence of corporate deadlock state companies unable to reach or execute operation decision, thus affecting the normal operation of the company or business, resulting in damaged crisis the lawful rights and interests of the shareholders of the company’s interests. And in such a case, the companies have less say in decision-making and control of medium and small shareholders is undoubtedly become the biggest victim and the victim in the battle for the interests of small and medium-sized shareholders as CO.,LTD. Is an important part of its rights and interests maintenance are supposed to be perfect is very important in the process of company law can not be ignored part of the article discussed the key lies in how to prevent the emergence of corporate deadlock, and both ex ante and ex post in the case of the appear this kind of phenomenon what kind of measures should be taken to the greatest degree to maintain the overall interests of the company and the legitimate rights and interests of minority shareholders.From this way of thinking, this article first start from the general theory of company deadlock, and explore the basic legal theory of corporate deadlock company deadlock and the legal definition of medium and small shareholders under the state protection of the rights and interests of minority shareholders legal basis, and sums up the current legal system for company deadlock and under the corporate deadlock definition of small and medium-sized shareholders, to find a legal basis Followed by the summary of the current legal protection of the rights and interests of minority shareholders under the corporate deadlock in our country present situation analysis and empirical research, find out the legal loophole.Again is to explore the corporate deadlock state protection of the rights and interests of minority shareholders of comparative study, from the continental law system of Anglo-American law system countries such as company law theories and practice cases to explore how to better avoid company deadlock Safeguarding the interests of the whole company and protect the legitimate rights and interests of small and medium shareholders Finally the focus of this article goes to break the company deadlock the measures of the rights and interests of the shareholders, to expect to form the combination of advance prevention and afterwards emergency double mechanism, and then hope to perfect the legal system in our country, from the system level of economic development and prosperity of the market economy for the company.From the overall framework of the thesis, this paper will be divided into five parts.The first part is the introduction part of this paper, mainly including three aspects of content, problems and research value, respectively, demonstrate the real value and significance of writing this article; The current system and practice at home and abroad for company deadlock and protect the legitimate rights and interests of small and medium shareholders under the stalemate research present situation, find out legal loophole. Thesis research ideas and scope, defined as the research object of this paper.The second part is the protection of the rights and interests of minority shareholders of the general theory of corporate deadlock, this part firstly from three aspects to discuss and research the general theory of corporate deadlock, sum up the main definition of corporate deadlock General cause major types and harm caused by; Secondly, medium and small shareholders under the corporate deadlock, the legal definition of the general sense of the small and medium-sized shareholders and minority shareholders under the corporate deadlock has a clear legal definition and distinction; A third is the corporate deadlock legal basic research, the protection of the rights and interests of minority shareholders from the legal level for the causes of corporate deadlock and the condition of small and medium-sized shareholders’ legal rights and interests maintenance to find a legal basis and basis.The third part is the protection of the rights and interests of minority shareholders under the corporate deadlock situation analysis and empirical research This section from the aspect of the current stage in our country law to the company operation and management of the institutional arrangements and legal practice summary and analysis, draw of our country’s legal system of company deadlock cases related arrangement, puts forward Suggestions on legislation and legal practice to solve the problem of the main methods, to break the company deadlock search of theory and practice basis.The fourth part is the company deadlock condition of small and medium-sized shareholders’ legal rights and interests protection of comparison research, respectively from the perspectives of Anglo-American law system and continental law system two summarizes other countries how to deal with company deadlock and how to safeguard the legitimate rights and interests of minority shareholders under the deadlock, for the perfection of the legal system of our country and break the company deadlock search can draw lessons from the advanced experience of other countries.The fifth part is the focus of this article, break the company deadlock and protect the legitimate rights and interests of minority shareholders This part mainly divides into the corporate deadlock prevention mechanism and emergency mechanism afterwards two parts The prevention mechanism to improve the company’s articles of association and optimize the corporate governance structure two aspects to analyze, start from the open management management level of the company, do a good job in prevention, strive to the greatest degree avoid the phenomenon of corporate deadlock or minimize the strength and frequency of the corporate deadlock occurs after the emergency mechanism of corporate deadlock from judicial power intervention, including from the aspect of litigation, and dissolution of the company equity transfer force to break the company deadlock and safeguard the legitimate rights and interests of minority shareholders.