| Corporation Deadlock has a long history in China,and its content is extending to all aspects of corporation governance rapidly as the development of company system.The deadlock theory can be seen as a cornerstone in the field of company law practice and research as it can be found in every phase of corporation operations.This theory came from the commercial and legal practices abroad as it based on the human nature,which is chasing interests.This theory can be found in the areas which adopt the company legal system.The first part of this paper will demonstrate the existing form of the deadlock theory by showing a legal example,in which we may found the counterparts of this theory are in conflict from the views of the defendants.The sentences made from courts have shown us the typical method to handle this kind of contradiction.After the whole duration of the examples,we may recognize the importance of the deadlock theory,which is also the purpose of this paper,to explore the defensive strategy which can be used to avoid the deadlock.In the second part,this paper has collected the basic legal issues of deadlock,which involves the concept,contents,features,reasons,classifications and damages.Through the all-round analyzing of the issues,we may realize the essence of the deadlock and lay a foundation for making further defensive policy.In the third part of this paper,we may find out a path to obtain experiences from other legal system to solve our own problems in deadlock by comparing the differences in legal systems between our country and the countries in Anglo-American Legal System and the Continental Legal System.The last part is the most essential in this paper.In this chapter,we will try to raise some solutions such as improving constitutions,optimizing administration structure,making the voting system more scientific and introducing supporting shareholder agreements and analyzing the effect of these solutions.We also should research the negative influences of these solutions. |
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