A Study On The System Of The Expulsion Of The Stockholders Of The Limited Liability Company

In China,the statutory form of company is divided into two types: the Limited Liability Company and the Joint Stock Company.Most of the companies in China are Limited Liability Companies.Although both types belong to the capital joint ventures,the personal combination nature of Limited Liability Companies is stronger.The operation and development of a Limited Liability Company depends more on mutual trust between stockholders.Once a crisis of confidence arises,the company's operations will have major problems and even become deadlocked.Therefore,it is particularly important to build a low-cost and highly-operable system to solve the trust crisis problem.At present,there is a system of the expulsion of the stockholder referred to by China's judicial interpretation.However,from the perspective of the delisting rule,the system is incomplete,which leads to more difficulties in its practice.Meanwhile,the incompleteness of the system results in a predicament in standardizing judicial trials,which in turn causes various problems.Therefore,the thesis took the system of the expulsion of the stockholder as the research object.The research was based on the provisions of Article 18 of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China(3),used empirical methods to find out insufficiency of the system,applied comparative analysis methods to study the extraterritorial system,and put forward concrete and feasible suggestions for the perfection of the system of the expulsion of the stockholder in our country.Besides the introduction and conclusion,there are four chapters in the thesis:The first chapter is a general overview of the system of the expulsion of stockholders.It mainly includes its concept definition,characteristics,legal basis and functional analysis,and lays a theoretical foundation for the following research.The second chapter is the status analysis of the system of the expulsion of stockholders in our country.It mainly studied the legislative evolution of China's system of the expulsion of stockholders,and demonstrated the deficiencies of China's current legal regulations through typical cases,including the absence of legislation,the narrowness of scope of causes of the expulsion of stockholders,the imperfection of the applicable procedures,the lack of the explanation of legal consequences,and the missing of the remedy for the related entities.In the end,it analyzes the causes of the insufficiency of the system in China,and provides ideas for the resolution of the system.The third chapter introduces the system of the expulsion of stockholders in other countries.It mainly analyzes the details of the application of the scope of causes,the applicable procedures,the consequences,and the legal remedies of the system of the expulsion of stockholders in representative countries of the civil law system and the Anglo-American law system,and then makes a horizontal comparison of the legal provisions of these countries,thus summing up their enlightenment to our country.The fourth chapter is the feasible advice for the system of the expulsion of stockholders of the Limited Liability Company in China.Based on the experience of other countries and our national conditions,we should insist on improving the general principle of the system of the expulsion of stockholders,and establishing a system of the expulsion of stockholders with Chinese characteristics,including the amplification of the causes of stockholders' expulsion in legislation,improvement of applicable procedures,and the stipulation of both legal consequences of the expulsion of the stockholders and relief for the related entities.