Shareholder Expulsion System Problem Of Legal Research

The shareholder expulsion system is an important mechanism to resolve the internal contradictions of the limited liability company,and to solve the damage to the interests of the company and other shareholders.Shareholders who damage to the interests of the shareholders and company,generally known as the removed shareholders,also known as the dishonest shareholders or the remote shareholders.The set is removed from the system in order to protect the interests of company and other shareholders,exclude the interference of centrifugal shareholders ",the trust relationship between the shareholders of the company repair,maintain limited liability company characteristics,to ensure that the shareholders of a limited liability company will be able to form a unanimous resolution,smooth operation.At present,our country has been in the form of judicial interpretation(mainly the " judicial interpretation of company law(three)" article seventeenth)introduced the expulsion system,but this rule is limited to two shareholder violate obligations of capital contribution,can be removed.It is not the introduction of the system of shareholder's expulsion.The system has many problems in the course of judicial practice,the specific performance of the expulsion of shareholders for the expulsion of the reasons,legal procedures,legal consequences and legal remedies are not comprehensive enough.The value of shareholder expulsion system can not really play out in the application.Because the legal expulsion is too narrow,the company law causes outside reason of expulsion of shareholders,the judge can only be based on experience and the fact of discretion,unity,seriousness and authority against the law.Due to the development of our country's economy and company system,it is urgent to perfect the system of shareholder's expulsion.In this paper,according to the theory of shareholder expulsion system combined with the legal provisions of China's shareholder expulsion system,combining the theory and Problems of practice,discussingthe improvement of the system of shareholder's expulsion in China,And hope to be able to contribute to the development of the shareholder expulsion system.