Research On The Expulsion Of Shareholder Of The Limited Liability Company Of China

The limited liabiliy company is one of the most main types of companies around the world,its basic prototype was born in Germany,for the table creation of the "German lawmakers".Absorbed by system design of the limited liability company unlimited companies and their respective characteristics of the combined company,to stimulate the establishment of small and medium-sized enterprises for the purpose,than the information integration of a limited liability company itself,its own people and characteristics of the more obvious.It is because of the limited liability company has the characteristics of closed,people close,conflicts of interest between shareholders and accumulated to a certain degree of the internal contradictions will cause the company's operating objective is difficult to realize,even forced the company into a deadlock operation,limited liability company shareholder expulsion system running in to break this kind of company deadlock has its superiority.So far,the different legal systems of many countries worldwide have been wipes out shareholders system into the category of the construction of legal system,the legal system is far behind the development of the judicial practice,difficult to adapt to the needs of the company law in reality.Therefore,it is necessary to stand in the perspective of comparative law,review the domestic and foreign limited liability company shareholder expulsion system path,the law of development,and on this basis to perfect our country limited liability company shareholder expulsion system.This paper uses the methods of normative analysis,historical analysis,comparative analysis research,the overall framework in addition to the introduction and conclusion,the main body is divided into four parts:The first part discusses the basic theory of legal system of limited liability company shareholder expulsion.Including its connotation and basic characteristics,the relevant shareholder exit mechanism,the legal basis of the existence of shareholders from the legal system,the existence value.Aims to clarify the core of the legal system of shareholders from the team structure,highlight the legal system of shareholders from the team's own superiority and irreplaceable,to explore the legal system of shareholders from the team in practice the theory foundation of survival and development.The second part summarizes the legal system of shareholders from local general situation of the legislation and judicial practice in our country.Standing in the dimension of history,present the change process of shareholder expulsion system in our country.At the same time,the ink concentration in limited liability company shareholder expulsion system of our country's existing legislation defects analysis and summary of judicial practices,such as lack of substantive issues,voting rights ruled out rules applicable problem,etc.Therefore,it is necessary in our country's existing shareholders from the team,on the basis of legal system,to perfect it.The third part will study to outside,the United States,Germany,for example,using the comparison research thinking,further investigation with a typical example of Anglo-American law system and continental law system countries limited liability company shareholder removed from the law System in the development of the two countries,the operation situation.On this basis,the carding these countries advanced legislative idea,inductive can helps for experience,such as upholding the philosophy of practice guide of legislation,clarify the scope of application,pay attention to the company shareholder expulsion rules and to be removed from the balance of the shareholders' interests,etc.The fourth part is the improvement of the system of limited liability company shareholder expulsion,mainly concentrated in the fifth chapter in the text.It is the core content of the full text,from the perspective of substantive law and procedural law of double deck is the legitimate rights and interests of shareholders,company creditors.at the end of this article will focuses on the system in our country to perfect outlook.The author advocated by specification shareholders dismissal reason of application,specific shareholder expulsion and subsequent procedures,security is the legal consequence of shareholder's right remedy channels such as to perfect our system of shareholders from the team.