| The deadlock of a limited liability company mainly refers to the fierce conflicts between the company shareholders,directors or other shareholders and company directors during the establishment and survival of the company,which makes the company’s shareholders meeting,board of directors and other powers and the company’s decision-making execution.Between the agencies,they are caught in a confrontation of power and a governance dilemma that cannot be voted on,which in turn leads to a state in which the internal affairs of a limited liability company stagnate and cannot be processed and operated normally.Due to the late start of the practice and theory of resolving the deadlock of the limited liability company in China,the theoretical research and solution of the issues related to the deadlock of the limited liability company are relatively weak,and there are also many deficiencies in judicial theory and practice.In view of the above discussion,it is necessary for us to conduct a more in-depth analysis of the theory and practice of the limited liability company’s deadlock resolution,and to compare and learn from the judicial practices and theories of various countries in order to improve China’s theory and practice in the limited liability company’s deadlock resolution Deficiencies.The first part of this article first analyzes the background,significance and research status of the deadlock research of limited liability companies,and finally introduces the research content and research methods of this article.The second part is a basic analysis of the deadlock of our limited liability company.Including the connotation of China’s limited liability company deadlock and the external manifestation of the deadlock.The third part is the cause of the stalemate of China’s limited liability company and the review of the existing legislation to resolve the stalemate.The reasons for the stalemate of China’s limited liability companies include the closedness and interpersonal nature of the limited liability companies,the inherent limitations of the company’s voting mechanism,and the unreasonable corporate governance structure.Deficiencies.The fourth part is the institutional analysis of the stalemate resolution of limited liability companies in relevant foreign countries and the revelation of the two major legal countries on the stalemate resolution of China’s limited liability companies.The Anglo-American legal system and other civil law systems have established a relatively complete mechanism for resolving the deadlock of limited liability companies in judicial theory and practice.Through the analysis and comparison of the two major legal systems,we hope to enlighten and learn from the way to resolve the deadlock of our limited liability company.The fifth part is to perfect the legal path of China’s limited liability company’s deadlock resolution.Through the improvement of a series of resolution paths such as non-judicial resolution and judicial compulsory resolution,we hope to provide ideas for China’s increasingly complex corporate governance deadlock. |
