Applicable Legal Study About Limited Liability Company Shareholder Expulsion Of The Complain

Limited liability company in our country has a very important position in the national economic development, its both people and the characteristics of information integration, so in the process of company operation and development of the contradiction and conflict is inevitable between shareholders. How in the existing legal framework,fast and efficient maintenance company’s operation and development, and the protection of the interests of the shareholders of a company, it is not only crucial for the company development and in maintaining the stability and healthy development of national economy also is particularly important. There is no doubt that the limited liability company shareholder expulsion system in maintaining the normal operation of company, solve the company disputes and protect the common interests between the shareholders play an irreplaceable role. In February 2011, the "judicial interpretation of three company law" the regulation in our country the rules of the shareholder expulsion under special circumstances, improve the system of the company, has significant positive significance. But the contents of the rules are too simple, and the rules for removal for the regulation is too narrow, the specific operating procedure of expulsion and subsequent equity is dealing with the operation of the specific problems, such as is not involved, so the rules and a lot of space. The author from the perspective of judicial practice, through the analysis of relevant cases, and then put forward the legislative Suggestions on perfecting the shareholder expulsion system. Besides introduction and conclusion, this article mainly from the following three parts of our country limited liability company shareholder expulsion system is discussed.The first part, analysis the limited liability company shareholder expulsion system in theory for the general. This part firstly from the connotation of the Chinese shareholder expulsion system is analyzed and the system value point of view, through the analysis of connotation and system value, we can draw a perfect shareholder expulsion system is of great necessity. Secondly introduces the legislative status quo of shareholder expulsion system in our country, limited liability company shareholder expulsion system of our country’s legislation present situation has carried on the general introduction, to appear below the case of a limited liability company is analyzed.The second part, empirical studies on expel a limited liability company shareholder lawsuit judicial. This part mainly through the form of case analysis, the typical case specific analysis and introduction, induction and summary of the atypical cases, according to the specific case reflects the problem and then sums up our country shareholder expulsion system what are the problems in the judicial practice. The author through to the case reflects the problems are summarized and analyzed, and hope to contribute to the improvement of the system of shareholder removed from power.The third part, to our country the construction of a limited liability company shareholder expulsion system is proposed. This part according to the aforementioned case reflect the problems, targeted to a limited liability company shareholder expulsion system in our country a theoretical analysis of the existing defects, mainly from three generous in the face of our country shareholder expulsion system perfecting Suggestions and methods are put forward.