Research On Corporatr Deadlock

Under the background of economic globalization, the company has become the ties of economic exchange, prosperity of its development has become the key to the development of the national economy, has increasingly become the main force of economic growth. But the company is running the process, because of its complex relationship, it is easy to create obstacles- the company deadlock. Corporate deadlock often lies in the limited liability company, which stems from the inherent contradictions of the traditional capital democracy and the concept of corporate autonomy in the limited liability company’s personal and closed nature. Once the formation of the deadlock, the interests of shareholders, the company and the creditors will cause serious damage, and even endanger the social stability. Therefore, it is necessary to thorough research to this problem, in order to social benefit.In this paper, we have a comprehensive analysis on the issues related to corporate deadlock and the problems in our country’s relief mechanism, and propose the targeted relief measures. On the line of "company deadlock" according to the outline of "company deadlock"-- the route of our country’s future system construction. Starting from the concept of deadlock, causes, from macro into micro, combined with in 2006 the new company law since the implementation of the 280 sample on the status of our country and existing problems: obscurethe function and nature of the legal provisions, there is the possibility of misunderstanding; path of judgment on mediation mode single, alternative relief mechanism is missing, the judicial efficiency under, especially judicial dissolution is unreasonable and its inherent disadvantages. And boldly draw lessons from foreign outstanding legislative experience, combined with the reality, proposed to strengthen the trust of the mediation — — request mediation utilized generally in already the people who initiated the lawsuit to the court discusses in the document, in the deference lawsuit both sides own will situation, the court passed the third person, for example: Organizations and so on labor union organization, Women’s Federation, redressing committee coordinate the mediation to the lawsuit in the system, even also may entrust individual like locality Deputy to the National People’s Congress carries on the coordination; Compulsion stockholder’s rights purchase: The compulsion stockholder’s rights purchase, popular saying is side shareholder stockholder’s rights by another side purchase, causes to purchase the side withdrawal;mandatory equity acquisition — — The compulsion stockholder’s rights purchase, popular saying is side shareholder stockholder’s rights by another side purchase, causes to purchase the side withdrawal company; forced corporate division as——Among first must explain the treatment which is this system has not received at present its should have, the mainstream country legislation has not integrated it, its research also pauses in the scholar, thetheory aspect.This also happen to conforms to the various countries the manner which takes the limited company to be consistent, also with limited company“birth” close connection; Will solve the mechanism construction as the future.