Research On The System Of Shareholder Expulsion In Limited Liability Company

The limited liability company is capital-joining,on the other hand,due to the small number of shareholders,in most cases,the shareholders often directly participates in the operation and management of the company,and therefore the limited liability company's characteristics are strongly personality and closed.The trust and cooperation between shareholders is crucial to the company's operational development.If shareholders trust in each other,the company will develop steadily.However,in the actual operation of the company,there will inevitably be contradictions or conflicts between shareholders.Once shareholders'human joining is destroyed,it may lead to the company's dilemma and even affect the company's survival.In the absence of other remedies to solve the company's dilemma,the shareholder expulsion system came into being.With its unique advantages,the shareholder expulsion system repairs the company's humanity by expelling the "malicious shareholders",thereby freeing the company from difficulties and protecting the legitimate rights and interests of the company and other shareholders.In 2011,China's "Judicial Interpretation of Company Law(?)" introduced the shareholder expulsion system for the first time and provided for the relevant expulsion rules.However,due to the narrow-scope expulsion reasons' scope,the unclear expulsion procedure and the deficiency of legal consequences,it is easy to cause the confusion in the application of the law so that cannot meet the needs of complex judicial practice.With the increasing number of related expulsion cases in recent years,it is necessary to conduct a comprehensive and systematic study on the concept,characteristics and theoretical basis of the shareholder expulsion system from the theoretical level,and then analyze the current regulations of the shareholder expulsion system in China from the practice level.Base on the mature legislative experience of foreign countries,combined with China's national conditions,we should find defects and deficiencies on the aspects of expulsion causes,procedures and consequences in order to improve the shareholder expulsion system of China's limited liability company.