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Research On The Prevention And Relief Of Company Deadlock

Posted on:2016-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y J WuFull Text:PDF
GTID:2296330464964941Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the ability of collection resources and the advantage of diversification,company become the most extensive and efficient economic organization.It’s play an irreplaceable role in the development of economic and social. However, with the development of economy,the company has been expanding, which lead to the company’s co-author of the original decreases.Because of shareholders ignored The Company’s Articles and have different management idea,coupled with the lack of legislation, company can easily deadlocked, which has become a major barriers in corporate governance.The Deadlock make the company’s normal operation paused, shareholders’ interests were damaged,company’s profit-making intent cannot come true,it will damage the interests of creditors and even the society.Therefore, break the stalemate, repeat business vitality become the most urgent expectation.On self-help way, because shareholders do not have the awareness of law and ignored the company’s articles of association, company can’t resolve The Deadlock.On judicial relief,because of the legal system is imperfect,The Deadlock is difficult to be solved through the judicial way. Due to start early and rapid development, some countries have a lot of experience in corporate deadlock relief,which worth learning and using for reference.Our company legislation should combined experiences from abroad with China’s specific conditions, establish a diversified modes of dispute resolution. At the same time,we should establish diversified dispute settlement pattern,seek relief way from the judicial level.In order to put forward the corresponding prevention measures,this article will make a detailed study on the causes of corporate deadlock,rely on the beforehand prevention to reduce the occurrence of corporate deadlock.Due to the imperfect of legislation,there are some obstacles in the cognizance of the corporate deadlock,the qualifications of plaintiff and the burden of proof is not clearly defined,which bring a lot of problems to judicial practice. To this, this article will make a concrete design, provide the corresponding solutions.On the way of relief,the author will explore a way combined with public force and self-help remedy system which based on the research of the theory and practice of abroad, in combination with the present situation of our country to break The Company Deadlock.
Keywords/Search Tags:The Company Deadlock, Operational difficulties, Prevention, Solutions
PDF Full Text Request
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