The Solution Of Company Deadlock

As the most active type of subject in the market economy environment,the company has a strong impetus to the development of the national economy.Practice has proved that respecting the company's independent personality,permitting company autonomy,and respecting market laws are conducive to the formation of a free market competition order,but modest state intervention is also necessary,especially judicial intervention helps the company operate under abnormal circumstances.Protection of the rights of multiple parties in the process.The corporate deadlock phenomenon is a typical abnormal situation of corporate management.The corporate deadlock has a huge negative impact on both the company and its shareholders.Therefore,scholars call it the company's "cancer".There are two ways to remove this "tumor tumor":judicial intervention and non-judicial cracking.This article mainly starts with 120 effective judicial practice cases since the promulgation of the "Company Law" to judge judicial intervention and non-judicial forms to break the deadlock There are different ways to crack the pros and cons,and analyze these methods in order to find a more suitable way to crack the company's deadlock.This article is divided into six parts.Part One:Introduction.The origin of the thesis and the significance of the topic selection,through a brief literature review,case combing to condense the controversial center of this article,combining theoretical and practical issues,explain the method of argument and the purpose of writing.Part ?:Theoretical discussion on corporate deadlock.Explored the reasons for the company's deadlock mainly because of the company's closedness and personal characteristics.It proposed a conceptual analysis of the shareholder suppression that is closely related to the company's deadlock in practice,trying to clarify the interpenetrating relationship between the company's deadlock and shareholder suppression The shareholder repression is often the cause of the company's deadlock,and the company's deadlock may also exacerbate the company's shareholder repression.In addition,it introduces the related system of corporate impasse judicial intervention,such as:security system,liquidation system.Finally,analyze the system of judicial crackdown on corporate deadlock.Although there is still controversy in the academic circles about the necessity of judicial intervention in corporate deadlock,this article believes that judicial intervention in corporate deadlock can ensure stable operation of the market and is a powerful promoter of economic vitality.necessary.The role of this part is to elicit the following empirical case analysis of the company's impasse,and to pave the way for the basic theories of the concepts that appear in the empirical analysis below.Part ?:Empirical analysis of the legal crackdown of corporate deadlock.Firstly,the method and standard of sample selection for the empirical analysis in this paper will be explained.The 120 valid samples selected will be divided into 12 research elements,which are mainly divided into subjects,judgment results,and law application.Case-based analysis of the sector,formulate corresponding charts on the results of empirical analysis,analyze the causes of corporate deadlock in practice and judicial processing methods and results,and use empirical data conclusions to lead to the following excavation of the real reasons for the inconsistency of judicial judgment results The elements explore the necessity of breaking the company's deadlock in ways other than judicial intervention.Part ?:Analyze the system defects of China's corporate deadlock.Based on empirical analysis data,starting from the three sections of legislation,justice and company charter,we comprehensively analyze the defects of each stage.In terms of legislation,the"Company Law" ambiguities the basic concepts of the company deadlock,the unreasonable qualification of the plaintiff in judicial intervention,the lack of corresponding legal regulations for malicious shareholders,the single way to resolve the company deadlock,the lack of a company deadlock Distinguish from other types of irregular business types.Legal norms of legal persons,litigation costs of corporate deadlock cases are not directly proportional to the investment of judicial resources;in practice,the "Company Law" and "Regulations on Several Issues Concerning the Application of the Company Law of the People's Republic of China(2)"(Legal Interpretation(2008)No.6)The application deviates from the original legislative intent,the application effect is not good in practice,due to the lack of legislation on malicious shareholders,judicial resources are wasted,and the judgment standards in different regions are different,resulting in low judicial predictability;In the design of the company's articles of association,each company is not rigorous about its internal regulations,and has not formulated internal regulations according to the actual situation of its own company.There is a phenomenon of applying templates at will,which results in poor flexibility of the company's articles of association and cannot be accurately connected and applicable to the "Company Law".Part V:Redesign of the legal cracking system for the deadlock of Chinese companies This part is based on the empirical analysis data of Part 2 and the theoretical analysis of the defects of the current system in Part 3,combined with the advanced experience of other countries,comprehensively selected,to choose a plan suitable for China's national conditions,and seeks to internalize the company's legislation,practice and articles of association.A new way of cracking the deadlock,in order to seek a more efficient cracking path in addition to judicial intervention.Part VI:Conclusion.The company's deadlock solution system faces many challenges in practice,but with the improvement of legislation and the unification of judicial standards,the company's deadlock situation will gradually be controlled in the future development,and eventually achieve a healthy normalization in the company's management process.