Shareholder Expulsion System Research In China

With the continuous development of social economy, the company has become the main body of market economy, plays an extremely important role in the economic life. Company whether can normal operation of the relationship between the stability of market economy, while the internal conflict between partner relationship with the company whether can run smoothly. Therefore, to solve internal conflicts between shareholders become the focus of concern. After years of legal practice, eventually unanimous wipes out shareholders system as a solution to the internal conflict between the shareholders. In our country, however, shareholders expulsion system is still in its infancy, although the promulgation of the company law to explain three part one kind of affirmation of shareholder expulsion system, but it is not legislation, also can’t call it by a kind of legal system. So based on the judicial practice in our country, the strong demand for this system, the author intention based on the research of the system of shareholders from the team, for our country’s corporation law practice the meager strength.First in this article, through the form of case which leads to the thesis, namely the establishment of the shareholder expulsion system originates from the realistic demand, then ask questions: as a kind of internal conflict of interest settlement mechanism, the study of limited liability company shareholder expulsion system is necessary. Next through deals with the basic theory of shareholder expulsion system, it is concluded that the shareholders expulsion system has the feasibility of the theory. Then the research status of shareholder’s expulsion system by listing abroad and the status of the legislation, to help the shareholder expulsion system in China. Finally, through the analysis of the legislation of our country shareholder expulsion system and judicial status quo, found that some of these problems. Aiming at the status quo and problems of combined with foreign advanced legislation experience,respectively from the perspective of substantive law and procedural law views and ideas of the shareholder expulsion system in China is proposed. Look forward to help in the judicial practice of China.