Theory Of Shareholder Expulsion Syetem

Shareholder expulsion system is an important system in “the company law”. At present, the shareholder expulsion system in Chain, only “the third explanation of the company law” first rules that if the limited liability company shareholder do not fulfill his obligations or escape all of the company's funds, the company gives them time to return the funds. If the shareholder wouldn't return these funds,the shareholders' meeting can relieve the shareholders' identity in the company. During the time, the expulsion of stockholder requests court to confirm the remove of the void, this requirement shall not be supported. But the regulation of dismissal in "the third explanation of the company law" is so single, and the exercise right body only is law.At the same time, relevant judicial procedure has no specific regulations. These rules in the shareholder expulsion system is not comprehensive. This paper is derived from a case,which response the weakness shareholder expulsion system, then I introduce the meaning of the shareholder expulsion system, the rules of the shareholder expulsion system in abroad and in China. Finally I will discuss the lack of substantive law and procedural law, and I will give my advice the weakness about Shareholder expulsion system in entity and procedure.