On The Use Of The Company's Articles Of Association To Self-governance To Prevent And Solve The Company Deadlock

In accordance with their own accord,the promoters of the company have established a profit-making organization with labor exchange,Commodity Exchange,technology exchange and other business means within the scope of laws and regulations of our country.The foundation of the company is the agreement between the sponsors,and the purpose is to participate in market competition for economic benefit.The company is the most basic component of China's market economy.Is the originator to the articles of association of the company under the principle of freedom of contract to develop the file basic operating conditions,the provisions of the company of the civil law refers to the principle of freedom of contract whether the parties have concluded a treaty,free choice,the other party,free of the content of contract,etc.The contractual freedom principle of civil law in our country can be achieved as long as the parties agree and do not need other conditions.With the introduction of the company contract theory,the articles of association are regarded as the important carrier of the company's self-restraint.The company's constitution stipulates the company's basic system,which is the soul of a company's development.Modern theory of the abuse of rights that the possibility of controlling shareholders abuse their voting rights,whether shareholders abuse of rights should not be limited to the actions for the purpose of to infringement of rights,and should include shareholder use rights so as to bring their interests at the same time,the behavior of the damage the interests of others.In the capital majority system,under the guidance of company's rights configuration will be according to the proportion of equity division by the shareholders,will cause the big shareholders have a "great power","small right" the possession of small shareholders.Although the company law gives minority shareholders' right to know,to participate,shareholders' meeting to vote and can be directly involved in the profit distribution of rights,but hard to avoid big shareholders take advantage of voting bully small and medium-sized shareholders,big shareholders "oppression" and small shareholders "struggle" is the main cause of corporate deadlock.A shareholder with a sense of crisis "gridlock" in the first set up the company,set in advance to prevent the company a stalemate and gridlock in the solution is the most effective,is also the most economical way.