Company Deadlock Legal System Research

Changes in the company law in our country in 2005,the first regulated the system of judicial intervention company deadlock,fill the blank of legislation on judicial dissolution of the company system.Establishment of system of judicial dissolution of the company has produced significant effect on the later development of the company,also to protect their legitimate rights and interests of small and medium shareholders provide legal guarantee.But,as the economic development,the company of explosion,the appearance of many new problems,judicial intervention company dissolution system malpractice also gradually revealed,it is difficult to adapt to the current complex situation.This paper analyzes the reason for the formation of corporate deadlock,including by shareholders or directors differences and opposition between the surface cause of the deadlock,as well as the traditional legal system concept underlying cause.And points out that the current relevant laws and regulations in China are the judicial intervention crack single way of corporate deadlock,the law is too principle,the lack of maneuverability and the lack of external relief system deficiencies.Based on the existing relief way put forward our country should establish the cracking of relief way of corporate deadlock,including arbitration,mediation,specify the temporary custodian,forced to buy shares,forcing companies to division,realize the diversity of break the company deadlock measures.In this paper,the system of company deadlock analysis and put forward some relevant countermeasures,to the topic.The author is convinced that,with the constant improvement of China’s company law,the deepening of the research of corporate deadlock,the positive interaction between legislation and judicial practice,the company deadlock system will be more reasonable,more complete.