Research On System Of Shareholder Expulsion Of Limited Liability Company

The appearance of limited liability company was constructed by jurists in their id-eal.Compared with other forms of corporate organization,the appearance of limited liability company was relatively late.Since the emergence of limited liability compani-es,it has been widely used and accepted by various countries.The limited company has manifested the strong person to unite the nature,between the stockholder mutual trust is one of the limited liability company most main characteristics.With this featur-e,the restriction of shareholders own behavior is particularly important in order to en-sure mooth development of a limited liability company from the damage of sharehold-ers,company law in our country the related relief way,such as equity transfer for dis-sent shareholders equity acquisition shareholder derived litigation company judicial dissolution,etc.but the above way and can't completely put an end to a limited liabilit-y company is damaged as a result,there were certain limitations in terms of sharehol-der expulsion.The shareholder delisting system is not specified in the company law of China,but only mentioned in the judicial interpretation of the company law(iii).Undoubtedly,the provisions of the third part of the company law play a vital role in the perfection and construction of the shareholder expulsion system of China's limited liability comp-anies.At the same time,there are still many deficiencies in the perfection of the share–holder expulsion system.For example,there are no specific provisions on the relief of the legal rights of the removed shareholders in the process of shareholder expulsion,which inevitably leads to various problems in the judicial practice.In this paper,the study of the shareholders of LLC is divided into three parts:quotes,texts,and sentences.The introduction mainly explains the significance of this paper's topic selection,sorts out the existing domestic relevant research literaturecollected by the author,and summarizes the research status of China.The main body is divided into four chapters.The first chapter is about the definition of shareholder removal and basic features,which is the basis for the removal of the shareholders and the three other shareholders,and it analyzes the need for shareholder removal.And then,in terms of the contract theory of the corporation,the principle of the autonomy of the corporation,the principle of shareholder loyalty,and the theory of the economic theory of the law and the view of the shareholders,it's a good idea that it has a theoret-ical basis.Chapter two is about Germany,the United States,and several other countri-es about the specific rules and characteristics of shareholder removal,especially in terms of the German law on the removal of the shareholders.At the same time,this ch-apter compares the regulations of these countries with a view to snooping the deficie-nt points of our country and providing reference for our country.The third chapter tells the story of our shareholders from the law legislation present situation and the present situation of the judicial practice,starting from the actual situation of our count-ry analysis problem of related regulations in our country and the improvement directi-on.The fourth chapter mainly to perfect the system of co.,LTD.,shareholders from the team in our country,from the removal,dismissal procedures,the creditor benefit protection and judicial relief of shareholders in four aspects of analysis.The conclusi-on part is a summary of the introduction and the main body of the content and views,and re-elaborated the proposition of this paper.