Theory Of Corporation Deadlock In Our Country The Legal Relief

The company has co mostly appear deadlock and closeness among the characteristics Co., the company once the impasse, the company’s internal authority, decision-making bodies and supervisory bodies of the original function will be completely lost. According to the Articles of Association general meeting of shareholders and board of directors are often very difficult, it is difficult to form an effective and timely convening resolution. Company as a mainstay of the market can not operate efficiently, not create wealth for society, can not continue to create profits for shareholders but also cause significant losses to the interests of the shareholders, while the company’s operating and development will be greatly affected, the company’s wealth in serious internal friction loss to shareholders, employees, creditors, and a tremendous impact on society. The company resolved the impasse should start with the legislative and judicial article of the concept of corporate deadlock, characteristics, causes, and the formation of harmful corporate deadlock, China’s Law on the company identify and sue deadlock procedural provisions have made some discussion and research. In the bottom half of the article "Law interpretation (b)" the main line, the existing legal provisions were introduced and analysis, points out the problems and shortcomings exist in the current law and legal reference for foreign countries, with China’s legal system proposed by the company in advance deadlock prevention system and the establishment of a company division, shareholders removal system, third-party intervention system to improve the legislative system. This article on how to improve the judicial relief were discussed, the authors propose to lift the company’s shareholders eligible to dissolution of the plaintiffs complaint be restricted, malicious prosecution establish shareholder compensation system, refine dissolution of the complaint and evidence preservation of property preservation regulations and other point of view.