Study On The Legal System Of Remedies For Corporate Deadlock

In the context of economic globalization, the company has become a link of economic development, increasingly becoming the main force to stimulate the economy. However, due to the complex relationship within the company, it is easy to create the obstacle of corporate deadlock in the process of its operation. The appearance of company deadlock makes the company's normal business unsustainable, which both leads to shareholders lost the original intention of making their investment companies try to get a substantial return, and it is unnecessary to consume the company owned capital. At the same time, society is unable to accumulate wealth effectively further. Therefore, it is very necessary and urgent to prevent and solve the dilemma of the corporate deadlock.At the beginning of the market development in our country, the company shareholders and executives consciousness of the articles is weak, without clarifying their respective rights and obligations in advance. As a result, the dispute over the control right of the company often happens. Coupled with supervision deficiency of the company's independent directors, it is easy to cause the company deadlock. The theoretical research and practical exploration of corporate deadlock in our country is also at an initial stage. Both the new "company law" and the judicial interpretation two stipulate judicial dissolution system, but it is not perfect, its maneuverability is not strong and the basic principles of judicial relief is not complete, which make the judge at a loss when they are in the face of the party to corporate deadlock cases apply for judicial remedies. Moreover, after the emergence of corporate deadlock, in addition to the legal provisions of judicial dissolution system, there are no corresponding alternative mechanisms. The company law also divides the dissolution of litigation and liquidation into two different litigation procedures, which will not only increase the cost of litigation, but is not conducive to protecting the interests of stakeholders. Therefore, to prevent the occurrence of corporate deadlock, companies should be through the company's Charter for precautionary. When the companydeadlock appears, if the company adopts the judicial dissolution litigation, it should not only establish the basic principles of maintenance, fairness, self-help, malicious litigation prevention and other judicial remedies, but also refine the specific rules of the judicial dissolution of the company and at the same time clarify the procedures of judicial dissolution and liquidation, which is conducive to the protection of the company stakeholders and saving the cost of litigation. But the judicial dissolution is only one relief way for the corporate deadlock relief mechanism, and the causes of the corporate deadlock in real life are often complex and varied. So it is clear that judicial dissolution alone to relieve the company deadlock is inadequate, and sometimes it will cause the waste of judicial resources. Therefore, it is necessary to construct the alternative mechanisms of temporary director system, equity acquisition system, expulsion system, forced equity acquisition system and so on,striving to build a diversified corporate deadlock relief system for our country.