Study On Compulsory Equity Acquisition

The Company Law of the People’s Republic of China which is a great progress in China’s legislation is to specify the corporate deadlock remedies judicial dissolution. But at the same time we should also aware the founded system of judicial dissolution of a corporation with just one legal rule, which has been soliciting kinds of procedural problems in the real practice, puzzling the judges severely. According to the successful experience of foreign countries, compulsory acquisition system was to be an effective remedy.And now we will discuss the compulsory equity acquisition system in four chapters as below:The first chapter is about the local introduction. This chapter describes the current situation and practical dilemma of the company to break the deadlock to identify deficiencies in the existing legislation and the realistic predicaments arising therefrom. The first chapter consists of two parts. First, from a legislative perspective, describes the evolution process of the company to break the deadlock in the system. Legislative provisions of solution over a single, only specifies a remedy of compulsory dissolution. Second, from the perspective of judicial practice, introduces remedy over a single refracted out of the question through a typical case in 2014.The plight of reality calls for an effective legislation remedies.Chapter II: To clarify why only choose the relief measures of compulsory equity acquisition system as a new path to break the company deadlock. Study abroad in terms of alternative remedies started earlier, in addition to the remedy of compulsory dissolution, it also formed, such as the appointment of provisional directors, appointed temporary custodian, the arbitration system and other remedies. Therefore, this chapter will be the compulsory acquisition system compared with other remedies, highlight the superiority and effectiveness of compulsory acquisition system. The second section focuses on the specific provisions of this system in foreign legislation. Selected US legislation and German legislation, as a typical review accordingly, further demonstrate the feasibility of the system structure.The third chapter is the theoretical study of compulsory acquisition system. The main content is to introduce the concept and characteristics of the system. In addition, to clarify the rule of compulsory acquisition of equity in our country has not really been established through the analysis of the difference between this rule and the similar concept. Finally, the construction of the system will bring the positive significance to different subjects.Chapter IV: From two basic aspects of substantive rules and procedural rules set up compulsory acquisition system in our country. And on this basis, in order to solve the problem of applicable in practice, the fourth chapter explores the relationship between compulsory equity acquisition procedure and judicial dissolution lawsuit. Applicable to the compulsory acquisition system effectively solved the difficult problem in "you-ping Yang" case, highlight the important realistic significance to build system of compulsory equity acquisition.The final conclusion we mentioned above article, On legal society construction of China in the context of socialist political, which is the great significance to introduction on compulsory equity acquisition system of limited liability company to solve the questions we mentioned before on judicial system and even could also improve the company law of the legislative system in China. So, we would speed up and construct the system. That can be seen with half an eye, Rome was not built in a day, but we truly believe constant dropping will wear away a stone that use our brain can construct compulsory equity acquisition system according with current China’ s situation.