Legal Remedies Research LLC Shareholder Oppression

In recent years, in the course of China’s rapid economic development, the limitedliability company as an important form of economic organization has played a crucial role.However, due to deficiencies in the design of the system of internal and external legal reliefmechanism, the majority shareholder of a limited liability company in various waysmarginalized, oppressed minority, resulting in inability to exercise the rights of minorityshareholders should be normal. Shareholder oppression behavior seriously infringed upon thelegitimate rights and interests of minority shareholders against the investment enthusiasm ofinvestors, disrupted the normal order of China’s economic development, so the limitedliability company shareholder oppression corporate law issues is becoming an important issueto be solved. Our legal remedies in a limited liability company shareholder oppression; thefield has made great progress, but compared with developed countries there are stillsignificant gaps, mainly in: on the one hand our country in the field of legal remedies toprotect the interests of shareholders present in the range is too small, the degree of protectionis not enough, not strong operability problems; on the other hand, our judicial system becauseof the shackles of traditional ideas and lack of defects in the limited liability companyshareholder oppression relief efforts problem, these problems are the result of the limitedliability company shareholder oppression growing problem of important reasons.This article is based on the current situation of the shareholders of a limited liabilitycompany in the field of oppression, shareholder limited liability company by demonstratingthe theoretical basis of the oppressed need legal remedies, noting that legal remedies forshareholders of a limited liability company to resolve the issue of the importance of theoppressed; a limited liability company by the shareholders of oppression manifestations andcauses analysis, shareholder oppression issues in-depth analysis; and comparing the status quoby introducing legal remedies related fields at home and abroad concluded that the lack ofrelated fields, and finally proposed to improve shareholder oppression of a limited liabilitycompany specific issues measures. This paper uses a comparative analysis, value analysis andsummarizes research methods, and reference documents and data related fields in the writingprocess, a combination of law, economics, accounting, sociology and other related knowledge.This article consists of a total of five parts, totaling twenty thousand words.The first part is an introduction, mainly to clarify the purpose and significance of thelimited liability company shareholder oppression issues, reviewed the relevant literaturedescribes the domestic and foreign research status, describes the process of writing this article,the paper concludes that innovations.The second part is a limited liability company shareholder oppression question assumesthat the shareholders of a limited liability company from the proposed issue of oppression, weintroduce a typical manifestation of the limited liability company shareholder oppression, andthe shareholders of a limited liability company in need of legal remedies oppression viewswere analyzed pointed out that the limited liability company is established on the basis ofmutual trust of shareholders and minority shareholders is based on trust and the majorityshareholder of the company’s development there is a reasonable expectation of the companywas willing to invest capital, so the majority shareholder as a limited liability actual control ofthe company shall bear the fiduciary duty to minority shareholders, and not undermine thelegitimate expectations of minority shareholders. When the internal corporate governancemechanisms can not protect the legitimate rights and interests of minority shareholders, thestate should the majority shareholder abuses of power by legal regulation principle of goodfaith in order to protect the legitimate rights and interests of minority shareholders, minorityshareholders to achieve legal relief.The third part is a limited liability company shareholder oppression of foreign legalremedies. The section to the United States, Britain and Germany, for example, outlined thestatus quo shareholder limited liability company in the field of legal oppression remedies forsolving problems of the sort, pointing out that the three countries have a sound majorityshareholder power restriction mechanism, improve shareholder rights legal assistance systemand effective judicial remedies shareholder oppression, pointed out that China should learnfrom foreign limited liability company shareholder oppression legal relief system, legalremedies for our country.The fourth part of the limited liability company shareholder oppression legal remedy thesituation status quo and defects. This part of our legal system, the provisions relating to limited liability company shareholder oppression summarize, respectively, from theperspective of the legislative and judicial point of view of the health of the existing system,the reflection of the lack of legal remedies limited liability company, limited liabilitycompany noted in our legal remedies exist, such as the lack of effective control in the field bya majority of shareholders, the company’s legal remedy deficiencies evident refereedissolution, legal remedies acquisition of shares is not perfect, judicial remedy can not meetthe reality of the legal needs of other issues.The fifth part of the shareholders of a limited liability company to improve the legaloppression remedy, is the key part of this paper. This section presents the Perfection of thelimited liability company shareholder oppression way to resolve legal remedies, pointing outour need to establish mechanisms for restricting the majority shareholder, the legal remediesreferee sound corporate dissolution, legal remedies and improve the company’s acquisition ofshares, the company acquired a sound legal remedies equity and improve shareholderoppression judicial remedies to solve the problem in a bid to make up for the shortcomings ofthe existing legal remedies way, and for the perfect way of legal remedies limited liabilitycompany shareholder oppression issues put forward opinions and suggestions.