The Study On The Legal Countermeasure Of The Limited Liability Company Deadlock In China

Different from Limited by Share Ltd,the limited liability company is not the natural products of economic development,but a company founded by legislation.The limited liability company belongs to the small and medium-sized enterprises,and the management of enterprise is also the owner of the enterprise.Because of their combination and sealing characteristics,they are more likely to form the company deadlock compared to Limited by Share Ltd.So in this paper,only the limited liability company(not including one person limited liability company)is the research object.In order to resolve the deadlock of limited liability company,the theory and the judicial circles of our country have carried on the thorough research.China's Company Law and after the promulgation of the "company law" to explain two of the company deadlock has been done,so the court has a legal basis for the decision to deal with a limited liability company deadlock.However,due to the provisions to resolve the deadlock of limited liability company in our country is too principle and judicial practice and theoretical disjoining problem,China is still catch cubits see lapel in a dispute to resolve the deadlock of limited liability company,such as limited liability company deadlock resolve way is single,resolve cohesion is not perfect.Based on the above discussion,this article analysis and resolve the limited liability company deadlock in the practice of the problem from the judicial practice as a starting point.Then combined with the theory,it tries to provide a systematic way to resolve the deadlock of the limited liability company in China.The first part is an introduction.It describes the background of the thesis,the effect of writing of this paper,scholars of this research progress and what breakthrough research are introduced.At last,this paper applies the research ideas and methods.The second part is the theoretical basis of a limited liability company deadlock.It includes the basic legal characteristics of the limited liability company,the definition and type of limited liability company deadlock,and the necessity to improve the limited liability company deadlock.The third part is the causes of the limited liability company deadlock in our country and resolve problems.The causes include institutional characteristics of buried hidden trouble,thefundamental reason that is in order to fight for the interests and prevention and measures to break the insufficient that is aggravating factors.The problems include that provisions are not comprehensive,words are fuzzy and resolve ways are not comprehensive.The fourth part is the advanced experience of foreign countries and reference to our country respectively.It tells their experiences from the United States,Germany and the UK,and then gets the reference to our country: we should clear the basic principles,the laws and regulations are accord with actual,and prevent and crack should be combined.The fifth part is to improve the resolution of the deadlock of limited liability company.This part is presented based on the analysis of existing problems and then tells the ways to improve the problem.This part focuses on resolve limited liability company deadlock in a way of cohesion and system.