Empirical Analysis And Crack Path Research Of Corporate Deadlock

The judicial system of the dissolution is the remedy of the corporate deadlock,but the courts have different comprehension to the requirements of the dissolution and there are still many problems to be solved.This article uses sample selection and statistics to do the empirical study.In order to realize the judicial system of the dissolution,the study focuses on the application of shareholders' ownership proportion and corporate profitability.After the study on the shareholders' ownership proportion with the reason of corporate deadlock and empirical analysis,we argue that shareholders are under no obligation to attend the shareholders' meeting even though corporate law and the articles of the corporation has the stipulation.In hence,the corporation with a great disparity in ownership proportion among the shareholders may also come to a deadlock.Despite the application of “oppression”to the corporate deadlock in some courts,this article calls for rationality to the introduction of the oppression in the argument of legislative technique,the overprotection of minority shareholder,the expression of corporation will?Moreover,this article insists that shareholders' interests is about the investment interests which is directly connected with the corporate profitability,so the court need to dissolve the corporate with caution.The judicial dissolution is about the entity of the corporate,the court should pay attention to self cognition and role expectation instead of exceeding its duties and meddle in corporate affairs.In addition,the key point of the deadlock is how to break it and this article provides two paths.Firstly,based on the authorized capital system,on one hand,as far as the interior method is concerned,directors can determine the issue of new shares flexibly to introduce the outside shareholders.On the other hand,share repurchase can be determined by directors either instead of being banned.As a result,the corporate can repurchase share in accordance with a special resolution of its shareholder and the articles of the corporation.Secondly,as far as the jurisdiction intervention,we can use the system of buy-out in foreign law on condition that the corporate law clears the court has judicial discretionto the buy-out order.