Legislative Perfection Of The Shareholders’ Delisting System Of Limited Liability Companies Under The Capital Subscription System

The shareholder delisting system is an internal dispute resolution mechanism that has not been included in China’s "Company Law",but it is widely set in commercial law outside the domain and is widely used in the practice of extraterritorial corporate law.This paper intends to analyze the feasibility and necessity of the shareholder delisting system in the internal dispute resolution of the limited liability company through the theoretical analysis of the shareholder delisting system and the applicable facts of the shareholder delisting system in the company practice under the background of the capital subscription system reform.To enrich the means of internal dispute resolution mechanism of our company.The first part of the article is based on the basic theoretical analysis of the shareholder delisting system.It is divided into three parts.Firstly,the article determines the basic concepts and characteristics of the shareholder delisting system.Secondly,it analyzes the functional value of the shareholder delisting system and determines the design of the shareholder delisting system.The necessity;finally,through the comparison between the shareholder delisting system and the current internal dispute resolution mechanism of the company in China,it finds the loopholes in the existing system of the Company Law and further demonstrates the necessity of the design of the shareholder delisting system.The second part of the article analyzes the difference between the shareholder delisting system and the actual payment system under the capital subscription system.By analyzing the impact of the capital subscription system on the shareholder delisting system,it demonstrates the legal application logic of the shareholder delisting system under the capital subscription system.It also demonstrates the urgency of applying the shareholder delisting system under the capital subscription system.The third and fourth parts of the article analyze the problems existing in the application of the shareholder delisting system in China’s judicial practice,and put forward targeted legislative proposals on the corresponding issues.This part is mainly carried out from both the entity and the program.The entity mainly focuses on the scope of the legal scope and the scope of the shareholder’s delisting system,and combines the characteristics of the capital subscription system to draw on the system of delisting shareholders.The successful experience has extended the statutory scope applicable to the shareholder delisting system;the procedural aspect mainly analyzes the applicable subjects of the shareholder delisting system and the problems existing in the resolution procedure applicable to the delisting system,and then applies to the procedures of the shareholder delisting system.The process,the resolution mechanism,and the remedies after the completion of the system,in combination with the actual needs of judicial practice,propose legislative proposals.