Research On The System Of Shareholder's Expulsion Of The Company, Limited

As an indispensable organization in the social and economic activities,the company plays an important role in the prosperity and development of society and the progress of society.The limited liability company is one of the main types of our company.It is more important in the economic activities.It is more extensive,more flexible and more flexible to ensure the healthy and stable development of its management.A limited liability company is a capital integrity company,but it has the feature of Human resource integrity,based on the group of human nature and the relative closure of the organization caused by the internal conflict occurred,this conflict is often between the company's internal shareholders There is a big connection.The current Company Law and related judicial interpretations provide for measures to resolve such conflicts,such as the transfer of shares by shareholders,the repurchase of shares under statutory conditions and the dissolution of the company.These existing systems are not comprehensive in the settlement of disputes,and sometimes even become a tool for some shareholders to achieve improper interests,and shareholder de-listing system in resolving some of the contradictions and conflicts can effectively compensate for the lack of the system.In the de-listing system,the company can be in a certain statutory circumstances to lift the identity of some shareholders,resulting in the loss of shareholder status and rights to withdraw from the company,to resolve the company's predicament to maintain the company's human nature.And the existing system of dealing with the internal shareholders of the company than the ratio,it has irreplaceable value,so it is necessary to build a reasonable and perfect system.The System of Shareholder's Expulsion is a company's individual shareholders because of their behavior in violation of the obligations of shareholders or other specific circumstances,to the company's business and the existence of serious harm or threat,by the company in accordance with legal procedures for this shareholder to remove the resolution,thus To achieve the effect of depriving their shareholders of the effectiveness of the system.The establishment of this system will be more conducive to the protection of other shareholders' rights and interests;to maintain the trust and cooperation between the shareholders of the company to break the negative impact of the company deadlock,so that the company can continue to maintain the vitality of the business;from the overall perspective of society,The company's stability will also contribute to the sustained growth and harmonious development of the social economy.It is in the maintenance of the normal operation of the company and protect the company,the common interests of all shareholders embodied in the various advantages,Establishment of The system of Shareholder's Expulsion has important practical significance.The research and practice of the relevant systems of the major developed countries in the world have established the relevant research system in the company's law,and the related achievements are reflected in the company's legislation.The cognition and research of the system in China are relatively late.That Related with practice and the environment.Implemented in 2011 the Supreme People 's Court on the application of the People' s Republic of China(3)the provisions of the "Company Law"(hereinafter referred to as the "Company Law interpretation three"),which is not yet fully established in the Company's legislation,"),In Article 18 of the loss of shareholders to make some of the provisions,including the loss of two shareholders of the reasons,procedures and the protection of creditors and other aspects,many scholars believe that these terms still can not be regarded as establish a complete system,there are only several of rules for the administration of justice.The content of these rules are too narrow.There are only two application of the situations.The content is too simple.In other situation,especially in the causes for expulsion? expulsion procedure and the consequences of the legal aspects of the details are not involved,which led to the judicial practice of the problem remains unresolved will continue to cause a certain application difficulties.It is still necessary to further research,to build China's limited liability company expulsion of shareholders system of the content.Therefore,this article will first explain from the parties to remove the concept of the parties to define the concept of shareholder expulsion of the legal nature,and then its legal basis and institutional value analysis,to understand the necessity of its establishment;and then through the provisions of our country And on the basis of judicial practice,to further explore its unique functionality,in the study of extraterritorial related systems from its experience to learn from,and ultimately to build an effective with our characteristics of the expulsion shareholders of the system to make recommendations,A detailed description of the system should further clarify the conditions of application,distinguish the various causes of the system of expulsion,strictly related procedures,such as arrangements for possible legal results.